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of the 


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New York City Charier Commission 

, ' * t 

to the • • 

Legislature, 1909. 


Full Text of Charter Revision Bih. 
An Introduction on the Charters 
of Few York City. 



OFFICE OF PUBLICATION: 

EAGLE BUILDING, BROOKLYN-NEW YORK 

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Entered at the Brooklyn-New York Post Office as second-class matter. Vol. XXIV., No. 5, of 
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The Eagle’s ' 

Daily Civil Service News 

The Brooklyn Daily Eagle is a large newspaper and it covers 
in detail in its regular news columns all the news of the city and 
the borough governments of Brooklyn and Queens. No employe 
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The Eagle’s 

Daily Municipal Register 

Men and women who are seeking employment in the service 
of the city, which employs about 45,000 persons, are especially 
looked after by the Eagle every day. Applicants are assisted in 
every reasonable way to get exactly the information they want 
concerning the civil service. Under the heading “Municipal 
Register” the Eagle prints daily the latest news of civil service 
examinations — city, state and national. It also prints eligible 
lists, announced as a result of such examinations, and gives the 
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Some Facts About the Proposed Charter and 
History of Charter Making in New York 


The Charter Revision Commission ap- 
pointed by Governor Hughes in 1908 made 
Its report to the Legislature of New York 
state on March 8, 1909. The proposed 
charter is largely reduced in volume of 
words and phraseology. It contains 
about 75,000 words, while the present 
charter of New York City has over a 
half a million. The charter and code to- 
gether are about one-quarter the volume 
of the one now in force. The keynote of 
the new charter is centralization of 
power in tlie mayoralty office of the city 
and the reduction of authority now 
vested in the borough governments. There 
are many radical changes suggested, and 
if the bill is passed as presented the city 
government will be revolutionized in 
many respects. 

The Board of Estimate and Apportion- 
ment wil be the greatest business execu- 
tive committee of the city, and will have 
have complete control of the city’s finan- 
cial affairs. It consists of eight mem- 
bers, elected as at present. The borough 
presidents, however, will not have any 
administrative functions. They w r ill not 
be able to make expenditures of any sum, 
however small. 

There will be seven bureaus in the 
Board of Estimate and Apportionment: 
(1) The Bureau of Publio Improvements 
and Engineering will complete the city 
map. pass upon all future improvements, 
make a comprehensive plan of city de- 
velopment, and prepare an annual esti- 
mate of the cost of improvements to be 
paid out of the issue of corporate stock. 
It will inspect all work in progress, and 
all structural material. (2) The Bureau 
of Supplies will be the central purchasing 
agency for all of the supplies of the city. 
(3) The Bureau of Real Estate will have 
the custody of the record of the city’s 
realty holdings, and, together with the 
corporation counsel, will have charge of 
condemnation proceedings, purchases ^.nd 
leases. (4) The Bureau of Claims will be 
the bureau through which the board of 
estimate and apportionment will settle 
all claims against the city. (5) The Bu- 
reau of Publicity and Statistics will have 
charge of the City Record, of advertising, 
and the statistical co-ordination of the 
city’s accounts. (6) The Bureau of Sal- 
aries will be charged with the grading 
and classification of all salary items in 
the budget, which will permit the fixing 
of like salaries for like services. There 
will be no change in the law with regard 
to the prevailing rate of wages. The 
Board of Estimate and Apportionment will 
have control over all salaries, including 
the salaries of all county officers and 


their subordinates in the budget. (7) The 
Bureau of Franchises will pass upon all 
applications for franchises in the first 
instance, and will be charged with the 
duty of seeing that grantees of franchises 
conform to the terms of their contracts. 

The Board of Estimate and Apportion- 
ment will be required to make a budget 
of receipts as well as of expenditure. 

The borough presidents, as members of 
the Board of Estimate and Apportionment, 
will be required to give their entire at- 
tention to the business of the board. 

Instead of one large mayor and five 

WM. M. IVINS, 



Chairman of Charter Revision Com- 
mittee. 

small ones, there will be a single execu- 
tive, and complete unity of executive re- 
sponsibility in the mayor. 

The Board of Aldermen will be abol- 
ished, and in its place there will be cre- 
ated a Council of thirty-nine members, 
to serve without pay. It will have large 
ordinance-making power, but will have 
no control over the administrative busi- 
ness of the city, or over franchises. It 
will have the right to veto specific appro- 
priations in the budget, and will make 
the tax levy. It wil! have co-ordinate 
power with the legislature to amend tho 
provisions of the administrative code 
which are purely local. 


The department of buildings will be re- 
created, and the commissioner of build- 
ings appointed by the mayor. 

The department of street cleaning will 
be abolished. The entire control of 
streets and sewers, and of street clean- 
ing, will be in a department of street 
control, for which the mayor will be re- 
sponsible. 

There will be five boards of local im- 
provement, one for each borough, the 
board in each borough to consist of the 
members of the Council from that bor- 
ough. The twenty-five local boards of 
improvement under the present charter 
will be wiped out. The limic of expendi- 
ture by board of local improvement* 
where the cost i3 assessed upon the prop- 
erty benefited, will be increased to $5,000. 

The Board of Sinking Fund Commis- 
sioners and the Board of Estimate and 
Apportionment will hereafter be Iden- 
tical. 

The sinking funds and the bonds and 
obligations of the city are classified and 
defined. 

There will be a Bureau of Revenue and 
collection in the office of the city treas- 
ury. and the collection of all revenues 
from all sources will be consolidated in 
this bureau. 

All fees of county officers will he- -paid 
into the city treasury. 

There will also be a Bureau -of Li- 
censes in the city treasury department, 
and all licenses and permits will ba 
granted by this bureau alone. 

No current expenses for administration 
or operation can be paid out of the pro- 
ceeds of corporate stock. 

Cost of ferry operation can no longer 
be paid out of the proceeds of corporate 
stock, but will bava to be paid out of 
taxes. The city is now using $1^49,090 
a year to meet ferry losses, and is pay- 
ing the loss out of the proceeds of bonds 
which should be devoted to subways. 

The administrative budget of the de- 
partment of docks will be made in tha 
same manner as that of all other depart- 
ments. 

The board of education will cease to 
be a separate corporation, and will be 
reduced to fifteen members. 

There will be thirty-nine local school 
boards. 

The corporations of the College of tha 
City of New York and the Normal Col- 
lege of the City of New York are con- 
tinued. 

The city will be empowered to purchase 
real property for public purposes by 
agreement, without resort to condemna- 
tion, ' VJ* ¥ ’ 


4 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


The office of coroner Is abolished. Medi- 
cal examinations and autopsies will be 
performed in future under the direction 
of the health department. Inquests will 
be conducted by city magistrates. Ample 
provision is made for ambulance service. 

Pension funds are guaranteed and con- 
tinued, but appropriations for pension 
funds shall be accompanied by statements 
of all revenues of such funds from all 
sources. 

The board of aqueduct commissioners is 
abolished. 

There will be a uniformed superinten- 
dent of police. The age limit for entering 
the police department will be raised to 
25 years. Police and fire trials will be 
conducted by specially appointed depu- 
ties, under rules to be approved by the 
Appellate Division, and the trials will be 
subject to review by appeal instead of 
certiorari. The police commissioner will 
be required to prescribe uniform penal- 
ties. 

All commissioners will have the fullest 
power to make rules and regulations for 
•the government of their departments. 

The Civil Service provisions are brought 
together in a single chapter and materi- 
ally strengthened. 

City marshals will be appointed by the 
judges of the Municipal Courts. 

Charter Revision Commission. 

The fifteen men of the Charter Revision 
Commission are: William Id. Ivins, 
chairman: James Cowdea Meyers, secre- 
tary; Alfred J. Boulton, of Brooklyn; 
George Cromwell, borough president of 
Staten Island; J. H. Dougherty, of Man- 
hattan, formerly of Brooklyn; George Ii. 
Duval; Nathaniel A. Elsberg; E. R. L. 
Gould; A. R. Latson, president of the 
Union League Club of Brooklyn; George 
McAneny; P. F. McGowan, president of 
the Board of Aldermen; Herman A. Metz, 
controller; Harrison S. Moore, of Flush- 
ing, L. I.; W. W. Niles, The Bronx; 
and Charles H. Strong. Chase Mellen, 
formerly assistant corporation counsel, 
was counsel for the commission, and 
Moses Altmann the clerk. 

Outline of Present City Government. 

In view <Jf the complexity of the pres- 
ent charter, and the discussion which nat- 
urally arises by the recommendations of 
the charter commission. It may be well 
to outline the present form of city gov- 
ernment: 

The City of New York is composed of 
the old cities of New York, Brooklyn and 
Long Island City, and of the various 
other municipalities contained within the 
counties of New York, Richmond, Kings 
and Queens as those counties exist to- 
day. The old City of New York consisted 
of several smaller municipalities which 
were gradually absorbed. Some of them 
were on Manhattan and others tvere in 
the territory north of the Harlem River, 
the annexation of which began in 1873 
and extended up to 1895. The old City 
of Brooklyn included Brooklyn, Williams- 
burg, Bushwick, Flatbush and the other 
municipalities within the old County of 
Kings. This territory embraced in the 
city has an area of 326 square miles and 
is divided into five boroughs: Manhat- 
tan, Brooklyn, Queens, the Bronx and 
Richmond. Each of these boroughs has 
a president, elected by its voters at 
larf The executive of the city is com- 


posed of the mayor, as its head, the bor- 
ough presidents and the following ad- 
ministrative departments: Finance, Law, 
Police, Water Supply, Gas and Electricity. 
Street Cleaning, Bridges, Parks, Public 
Charities, Correction, Fire, Docks and 
Ferries, Taxes and Assessments, Educa- 
tion, Health, Tenement House. Each of 
these departments is presided over by 
either a commissioner or a board of com- 
missioners. The Board of Education is 
largely an independent corporation over 
which the city has practically no con- 
trol. Also independent of any of the ad- 
ministrative departments is the Board 
of Trustees of Bellevue and Allied Hos- 
pitals, which is classified in the charter 
as a branch of the Department of Public 
Charities. 

Present Duties of Borough Presidents 

The borough presidents have power to 
appoint and remove a commissioner and 
an assistant commissioner of public works 
who. In his absence or disability, may 
represent him. A borough president has 
charge of the following subjects: 
Regulating, grading, etc., of streets; 
constructing and repairing public 
roads; paving, repaving, resurfacing, 
repairing streets and relaying of 
pavements; laying and relaying surface 
railroad tracks, form of rail, character of 
foundation, etc.; filling sunken lots, fenc- 
ing vacant lots, licensing vaults under 
sidewalks; removing incumbrances, is- 
sue of permits to builders and others to 
use or open the streets; constructing and 
maintaining bridges and tunnels within 
the borough, all matters pertaining to 
the public sewers and drainage of his 
borough; constructing, repairing, clean- 
ing, etc., of public buildings and markets, 
except schoolhouses and other buildings 
whose care and custody are otherwise 
provided for; the care and deaning of 
offices used for public purposes; locating, 
establishing, maintaining, etc., of public 
baths, etc., and placing of street signs. 
Each president prepares his own con- 
tracts, subject to approval as to form by 
the corporation counsel. Much of this 
power will be taken away if the new 
charter is accepted as it has been pre- 
sented. 

The mayor appoints all heads of de- 
partments and removes them in his dis- 
cretion. The mayor, as the chief execu- 
tive officer of the city, is elected every 
four years and his powers are extensive, 
but by no means well defined, as com- 
pared with some of the duties of other 
city officers. He may be removed by 
the governor in the same manner as 
sheriffs, except that the removal proceed- 
ings may be conducted by the attorney 
general in the governor’s discretion. 

The controller is the head of the Fi- 
nance Department. He is elected by the 
people of the city at large for a term 
of four years and is subject to removal 
by the governor. The Finance Depart- 
ment is composed of a number of bu- 
reaus, of which six are required by the 
charter. The controller has a general 
jurisdiction in financial matters of the 
city, subject, however, in many essential 
respects, to the Board of Estimate and 
Apportionment and the Board of Aider- 
men. The chamberlain is appointed by 
the mayor and is virtually the city 
treasurer or paymaster and may be re- 


moved by the mayor as any other head 
of a department. 

The legislative branch of the city con- 
sists of the Board of Aldermen, the 
president of whom is elected by the 
voters for four years. One member of 
the board is elected from each of the 
seventy-three aldermanic districts into 
which the city is divided. Of these dis- 
tricts there are thirty-three in Manhat- 
tan, eight in The Bronx, twenty-four in 
Brooklyn, five in Queens and three in 
Richmond. The Board of Aldermen elect 
a vice president who represents the 
president when he is absent. The presi- 
dent of the Board of Aldermen acts 
as mayor during the mayor’s ab- 
sence. Each head of an administrative 
department is entitled to a seat in the 
board and must attend its meetings 
when required, and may participate in 
discussion, but has no vote in the pro- 
ceedings. 

Resolutions and ordinances are subject 
to the veto of the mayor, but may be 
passed over his veto by the votes of at 
least two-thirds of all the members of 
the board, except on a question of the 
expenditure of money, the creation of a 
debt, or the levying of an assessment, in 
which event it requires a vote of three- 
fourths of all the members of the board 
to pass it over the mayor’s veto, and if 
the grant of a franchise is involved, the 
mayor’s veto is final. 

The Board of Estimate and Apportion- 
ment, consisting of the mayor, controller, 
president of the Board of Aldermen and 
the five borough presidents, exercises 
both administrative and legislative func- 
tions. The mayor, controller and presi- 
dent of the Board of Aldermen have each 
three votes upon any proposition coming 
from the board. The presidents of Man- 
hattan and Brooklyn have each two votes 
and the other presidents have one vote 
each. 

A feature of the present charter was 
the provision for boards of local improve- 
ments (title 2 of chapter X). There are 25 
districts. The membership of each board 
consists of the president of the borough 
by virtue of his office and of the alder- 
men whose aldermanic districts arc with- 
in the local improvement district. The 
initiation of the work of repairs and im- 
provement within their respective dis- 
tricts is placed in hands of these boards. 
It was designed to bring the people into 
close touch with administration and to 
apply the principle underlying town or- 
ganization and control. This feature is 
wiped out by the new proposed charter. 

It is not necessary to enter into the 
details of each department of the city. 
Enough has been presented to give a 
general outline of the city government 
and its officers. As to the duties of some 
of these officers it is said there is con- 
siderable conflict. For instance, the 
duties of the Commissioner of Street 
Cleaning have never been clearly defined 
as regards the duties of the borough 
presidents of Manhattan, the Bronx and 
Brooklyn. The commissioner has juris- 
diction of the sweeping and cleaning of 
streets, garbage, snow and ice, in Man- 
hattan, The Bronx and Brooklyn, but not 
in Richmond and Queens. Conflicts of 
authority occur in other departments, it 
is complained. The duties of the presi- 
dent of the Borough of Manhattan and 


I 


5 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


the mayor frequently are intertwined, it 
is said, In some instances almost result- 
ing in duplicate mayors. 

Charter Not the Only City Law. 

It is not to be assumed that our char- 
ter contains all the statute law dealing 
with the territory of Greater New York, 
for it contains but a small part of it. 

Many of the provisions for the govern- 
ment of the City Court of New York are 
to be found in the Code of Civil Pro- 
cedure; the Code of Criminal Procedure 
also contains sections applicable only to 
New York City. 

The Municipal Court Act contains an 
entire system of procedure applicable 
only to New York City. This may be ob- 
tained in Eagle Library No. 70, revised 
to 1908. 

The Tenement House Act affects only 
New York City and affects vitally an 
enormous part of the population. 

This law; with all the building and 
health laws, is issued in book form as 
Library No. 121, revised to 1908. 

The Metropolitan Elections District 
Law affects New York City and some 
added territory. This will be found in 
Library No. 44, together with all state 
election laws up to date. 

The tax laws and the rules of the civil 
service contain many provisions bearing 
on New York City. Consult the full list 
of Eagle Libraries in the back of the 
book. 

History of Charter Making. 

It is Interesting to glance at the his- 
tory of charter making in New York 
City. The first government of civiliza- 
tion established on Manhattan was that 
of the West India Company, under a 
charter granted to it by the States Gen- 
eral of the Netherlands in 1621. Almost 
imperial powers were granted by this 
charter. Even at that early day many 
efforts were made by the settlers to j 
obtain some semblance of self-govern- i 
ment, and Peter Stuyvesant, who seems 
to have been impressed with the just- 
ness of this demand, ordered an election 
in 1647, in which the people of Manhattan, 
Breucklen, Amersfoort and Pavonia j 
chose eighteen persons, from whom the j 
director general and his counsel were to j 
select a board of nine to assist Stuyve- 
sant in providing for the general wel- 
fare. 

The first English charter, known as the 
Nicolls charter, a copy of which has ap- 
peared in former editions of this book, 
was granted in 1665. By it the inhabi- 
tants of New York, New Harlem and 
other residents on the Island of Manhat- 
tan were formed into a corporation un- 
der the government of a mayor, aldermen 
and sheriff. In 1675 the Nicolls charter 
was reaffirmed, and the first governor 
under the restored rule of the English 
was Thomas Dongan, and a charter 
granted by him in the name of King 
James II was the first great charter of 
the city. The Dongan charter and the 
successive charters granted in the name 


of the king in 1708 and 1730 are to-day 
parts of the charter of the present city 
government, except so far as they have 
been modified by enactments of the 
Assembly of the Colony of New York 
or of the Legislature of the State of New 
York. They are the title deeds to many 
of the most valuable property rights 
owned by the corporation, and from them 
spring many fundamental privileges and 
franchises of the city and' its people. 

The Montgomerie charter conferred 
further powers of self-government upon 
the inhabitants of the city, and the pur- 
pose of it was to clear up ambiguities 
and controversies which had arisen con- 
cerning the validity of the Dongan char- 
ter and other grants and confirmations. 

These charters and the various acts of 
the Colonial Assembly were expressly 
confirmed by the first constitution of the 
State of New York in 1777 and ty each 
succeeding constitution, but it has been 
decided in the courts that the Dongan 
.and Montgomerie charters have no pe- 
cuiliar sanctity, as they were granted 
under the sovereigns of England. In i 
these early charters the Common Coun- 
cil figured as one of the institutions of 
antiquity. The commonalty — that is, 
those who were, under the appropriate 
definitions of the royal charters, entitled 
to be inhabitants and citizens of the 
city — acted by representation in the 
Council. For many years it preserved a 
certain dignity and was an efficient body, 
but an examination of the statute books, 
especially so since the State of New York 
became a member of the Union, shows 
there was a steady lessening of the pow- 
ers of the Common Council. The char- 
ter of 1830 contains the first definite des- 
ignation of the Common Council as a 
legislative body. The Council was made 
to consist of two houses — a Board of Al- 
dermen and a Board of Assistants, sitting 
separately — and the mayor ceased to be 
a member of the Common Council. By the 
revised charter of 1901 the body was 
again reduced to a single house, known j 
as the Board of Aldermen. At the pre3- 1 
ent time the Common Council exercises j 
insignificant powers of legislation, but 
remains as a nucleus of strictly repre* 
sentative government. 

The early charters, with some modifi- 
cations, were practically unchanged until 
1830, when a charter which had been 
prepared by a convention composed of 
delegates chosen by the citizens in 1828, 
was adopted by the Legislature and rati- 
fied by the people without change. An- 
other city convention attempted in 1846 
to again revise the charter, but did not 
succeed, although the Legislature in 
1849 and 1833 adopted many of the recom- 
mendations made by the convention. In 
1861 the governor appointed a commission 
to revise the city’s charter, but the Civil 
War broke out, public attention was dis- 
tracted and the recomendations were 
never carried out. In. the meantime, 
however, the charter had been amended 
by the law of 1857. and these amend- 
ments remained substantially In force 


until 1870, when they were altered under 
the so-called Tweed Charter. 

A charter drafted by the Committee of 
Seventy, in 1872, was passed by the Legis- 
lature, but vetoed by Governor Hoffman. 
But in the following year a charter, which, 
was a compromise between the Tweed 
measure and the Committee of Seventy’s* 
plan, was passed. It effected many changes, 
among them a modified form of minority 
representation in the Board of Aldermen, 
which still possessed important powers.. 
Without radical change this charter was 
incorporated into the consolidation act of 
the laws of 1882, and the charter provi- 
sions of the consolidation act continued 
in force until the enactment of the first 
Greater New York charter of 1897. The 
basis of consolidation was formed on this 
act. but as neither the charters of old 
New York nor Brooklyn were adapted to 
the new form of government, the Charter 
Commission was obliged to find a plan, 
which, while preserving as many as pos- 
sible of the provisions of the older char- 
ters, should, nevertheless, furnish a new 
form of government adapted to the needs 
of all the boroughs. The charter of 1897 
was amended in 1901, and it is this char- 
ter that is now in force. 

The story of Brooklyn’s charter goes 
bad: to the grant made by Governor 
Thomas Dongan, in 1686, to certain free- 
holders and inhabitants of the town “com- 
monly called Breuckelen.” The new gov- 
ernment, however, was not that of either 
a city or a village, and it was not till 1816 
that the village of Brooklyn was incor- 
porated, and it was not until 1834 that it 
became a city. From time to time its 
charter was changed to meet its require- 
ments. Especially was this true in the 
years 1854, 1873, 1880 and 1888. In 1880 
many radical changes in the charter were 
made by the Legislature, one of them 
being the vesting in the mayor the sole 
power of appointing heads of departments, 
except those of finance and audit. Thus, 
it will be seen that at the time of the 
passage of the act providing for the ap- 
pointment of the first charter commis- 
sion to prepare the charter for the greater 
city, the people of the old Cities of New 
York and Brooklyn were still under an- 
cient grants from the Netherlands and 
Great Britain, and subsequent acts of the 
State Legislature. The other districts 
of the consolidation act— Long Island City, 
Flushing, Jamaica, New Brighton, New- 
town and the communities of Queens and 
Richmond— all had separate charters of 
distinct historic origin. It was for these 
communities of widely diverging govern- 
ment that the commission of 1896 was ap- 
pointed to frame a general charter that 
should answer for them all. They had 
one point fixed firmly in their minds — the 
creation of the borough system, with local 
improvement boards, a board of public im- 
provement, a mayor, controller, corpora- 
tion counsel and the departments — Water 
Supply, Highways, Street Cleaning, Sew- 
ers, Public Buildings, Lighting and Sup- 
plies and Bridges. Aside from this, the 
Idea of the charter was in a chaotic con- 
dition. 


\ \ 


B 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


Governor Nicolls’ Charter 

(Issued June 12, 1665.) 


Whereas. Upon mature deliberation and advice, I have 
found it necessary to discharge the form of government 
late in practice within this His Majesty’s town of New 
York, under the name and style of Schout, Burgomasters, 
and Schepens, which are not known or customary in any 
of His Majesty’s dominions. To the end that the course 
of justice for the future may be legally, equally and im- 
partially administered to all His Majesty’s subjects as 
well inhabitants as strangers. Know all men -by these 
presents that I, Richard Nicolls, Deputy Governor to his 
Royal Highness, the Duke of York, by virtue of His 
Majesty’s letters patent, bearing date the 12th day of 
March in the sixteenth year of His Majesty’s reign, do 
ordain, constitute and declare that the inhabitants of New 
York, New Harlem and all other His Majesty’s sub- 
jects, inhabitants upon this island, commonly called and 
known by the name of Manhattan Island, are and shall 
be forever accounted, nominated and established as one 
body politic and corporate, under the government of a 
Mayor, Aldermen and Sheriff ; and I do by these presents 
constitute and appoint, for one whole year, commencing 
from the date hereof, and ending the 12th day of June, 
which shall be in the year of our Lord, 1666 ; Mr. Thomas 
Willet to be Mayor, Mr. Thomas De La Vail, Mr. Olaffe 
Stevenson, Mr. John Brugges, Mr. Cornelius Van Ruy- 


Creating the 

The act which created the present greater city, passed 
over the vetoes of the Mayors of New York and Brooklyn, 
and became a law May 11, 1896, with the approval of the 
Governor. Pursuant to its provisions, Governor Levi P. 
Morton, on June 9, 1896, appointed a commission to draft 
a Charter, the appointees being Seth Low, Benjamin F. 
Tracy, John F. Dillon, Ashbel P. Fitch, Stewart L. Wood- 
ford, Silas B. Dutcher, William C. De Witt, George M. 
Plnney, jr., and Harrison F. Moore. Thomas F. Gilroy 
was subsequently appointed in place of Ashbel P. Fitch, 
resigned. Further members of this Commission by act of 
the Legislature were Andrew H. Green, president; Camp- 
bell W. Adams, State Engineer; Theodore E. Hancock, 
Attorney General ; William L. Strong, Mayor of New 
York; Frederick W. Wurster, Mayor of Brooklyn, and 
Patrick J. Gleason, Mayor of Long Island City. 

Later in the same month the Commission met and de- 
cided upon the following officers : President, Benjamin F. 
Tracy ; Secretary, George M. Pinney, jr. William C. De 
Witt, John F. Dillon, Thomas F. Gilroy, Seth Low, 
Andrew H. Green, Benjamin F. Tracy and George M. 
Finney, jr., were chosen as a committee to draft the Char- 
ter. On February 13, 1897, this proposed Charter was 
submitted to the Legislature. The bill embodying it was 
reported by the Committee on Cities, with amendments, 
and it was finally passed by the Legislature, with the 


ven and Mr. John Lawrence to be Aldermen; and Mr. 
Allard Anthony to be Sheriff ; giving and granting to 
them, the said Mayor and Aldermen, or any four of 
them, whereof the said Mayor or his Deputy shall be 
always one, and upon equal division of voices, to have 
always the casting and decisive voice, full power and 
authority to rule and govern as well all the inhabitants of 
this Corporation as any strangers, according to the gen- 
eral laws of this government, and such peculiar laws as 
are or shall be thought convenient or necessary for the 
good and welfare of this His Majesty’s Corporation: as 
also to appoint such under officers as they shall judge 
necessary for the ordinary execution of justice. And I 
do hereby strictly charge and command all persons to obey 
and execute, from time to time, all such warrants, orders 
and constitutions as shall be made by the said Mayor 
and Aldermen, as they will answer the contrary at their 
utmost peril; and for the due administration of justice 
according to the form and manner prescribed in this 
commission by the Mayor, Aldermen and Sheriff, these 
presents shall be to them, and every of them, a suffi- 
cient warrant and discharge in that behalf. 

Given under my hand and seal, at Fort James, in New 
York, this 12th day of June, 1665. 

RICHARD NICOLLS. 


Greater City 

acceptance of the Mayors of Brooklyn and Long Island 
City, but without the acceptance of Mayor Strong. It 
became a law with the approval of the Governor, May 4, 
1897. 

The next step in the development of the Charter was 
the result of an act passed by the Legislature and ap- 
proved by Governor Roosevelt, providing for the appoint- 
ment by the Governor of fifteen persons, who should 
report to the Legislature such proposed legislation as an 
examination into the working of the Charter, previously 
adopted, might suggest. Governor Roosevelt accordingly 
selected the following gentlemen to act upon this Com- 
mission; George L. Rives; George IT. Davison, Franklin 
Bartlett, Charles C. Beaman, John D. Crimmins. George 
Cromwell, William C. De Witt, Frank J. Goodnow. Isaac 
M. Kapper, Edgar J. Levey, James McKeen, Alexander T. 
Mason, Charles A. Sehieren, Henry W. Taft and James L. 
Wells. This Commission, with Mr. Rives, as President 
and Mr. Davison, Secretary, presented a revision of the 
Charter in the form of an amendatory act, which, after 
some changes by committees of both Houses was passed 
by the Legislature, vetoed by the Mayor of New York, 
repassed by the Legislature, and approved by the Gov- 
ernor on April 22, 1901. This new Charter went into 
effect January 1, 1902, and is known as Chapter 466 of 
the Laws of 1901. 


REPORT OF 


The New York City Charter Commission 


DATED MARCH 8, 1909. 


To the Legislature.' 

1 he Charter Revision Commission of 
1907 made its report to the Governor on 
December 1 of that year The report 
pointed out the confused condition of 
the law affecting the city, analyzed the 
city government, and recommended vari- 
ous amendments. 

On April 13, 1908, the legislature 

passed an act providing for the creation 
of a new commission to be known as 
‘ The New York Charter Commission,” j 
to be appointed by the Governor and to 
consist of fifteen persons to serve with- j 
out compensation. The act defines the 
duties of the Commission in the follow- 
ing language: “ * * * to inquire into 
the local government of the city of New 
York and the counties contained therein 
with power to investigate the manner 
of conducting and transacting business 
in the several departments, boards and 
offices thereof, the effect and working of 
the charter of Greater New York and 
the acts amendatory thereof, and supple- 
mentary thereto, and of any and all other 
acts relating to said city, and to suggest 
such legislation as it may deem advis- 
able with respect thereto. Said Com- 
mission may in its discretion draft and 
submit with its final report a new charter; 
and an administrative code for the city." j 

The Governor, on April 21, 1908, ap- 1 
pointed the Commission, eight of the ap- 
pointees having been members of the 
Charter Revision Commission of 1907. 

The Commission organized on the 27th ■ 
day of April, 1908, and at once took up j 
for consideration the present condition j 
of the city government in connection] 
with the report of the Commission of i 
1907. Some time was necessarily con- ' 
sumed in study of that report by the | 
members of the present Commission who j 
had not served upon the former one. \ 
After thorough consideration the Com- 
mission has determined, besides report- 
ing its conclusions and recommendations, 
to present a draft of a charter and of an 
administrative code, the former of which 
accompanies this report, the latter of 
which is in course of preparation and 
will be submitted at a later date. The 
tw r o may, w'e believe, be advantageously I 
made complementary parts of a single, 
statute. 

In order to facilitate its work, the 
Commission was divided into sub-com- 
mittees to each of which was referred 
the duty of investigating and reporting 
upon the manner of conducting and 
transacting business in the departments 
referred to it. Throughout the summer 
the chairman or other members of the 
sub-committees pursued their work and 
this preliminary task was carried on un- 
remittingly until in September it had 
progressed to a point which permitted 
the Committee on Draft to begin the 
preparation of the charter, chapter by 
chapter. From October 1, 190S, until the 


date of the report that Committee met 
every night with the exception of Satur- 
days, Sundays and holidays, and the 
evenings on whch the full Commsson was 
convened, and has repeatedly held ses- 
sons during the daytime. 

In the preparaton of each individual 
chapter and title the Committee on Draft 
in every instance through one of its own 
members or one of the other sub-com- 
mittees, carefully investigated the actual 
operations of each department and 
bureau, and considered the statutory 
provisions applicable thereto with such 
officers and employees as were believed 
to be best qualified to explain the pre- 
vailing practice and illustrate the actual 
administrative interpretation of the char- 
ter. It was also sought to discover how 
far actual organization conformed to the 
letter of the law, how far the practice 
was the result of administrative inter- 
pretation, and to what extent it was a 
spontaneous development. Particular 
care was exercised to ascertain how r far 
administrative practice reflects the law 
as well as the degree to which the de- 
partments had found it necessary to dis- 
regard the statute because either of 
difficulty in its application or of the 
obsoleteness or unintelligibility of its 
provisions. 

The various committee investigations, 
although long and tedious, were abso- 
lutely necessary if the law' and the facts 
were to be made to correspond, and the 
law' were to be relieved of obsolete, un- 
intelligible and systematically disre- 
garded provisions. A particularly long 
and precise investigation w'as required 
concerning the operations of the finance 
department, the sinking funds, the dock 
department, the police department, the 
health department, the charities depart- 
ment, the department of education, the 
department of taxes, the borough presi- 
dents and the board of assessors, and 
much time was necessarily spent in in- 
vestigations of provisions of the exist- 
ing charter dealing with the city's bonds 
and obligations, particularly assessment 
bonds, revenue bonds, special revenue 
bonds, and general fund bonds. 

Inasmuch as the Commission was 
charged with the investigation of the ef- 
fect and working of the charter, and all 
other acts relating to the city and was 
empowered to report such legislation as 
it might deem advisable in the premises, 
it became a matter of primary impor- 
tance to consider constitutional limita- 
tions upon the city’s borrowing capacity. 
The Commission through a sub-commit- 
tee made as exhaustive a study of the ; 
subject as was possible within the time 
and means at its disposal, and copies of 
its two reports to the Governor in rela- 
tion to the subject are hereto annexed. 
There is also inserted in the proposed 
charter a section providing so far as the 
legislature may, a method for calculat- 
ing the borrowing capacity of the city, 
the application of which, in the judg- 
ment of a majority of the Commission, 
should render it impossible for the city 


to find itself again in the position in 
which it now is — viz., without any other 
standard for the determination of its 
debt-incurring power than the fluctuat- 
ing opinions of the administration for 
the time being. If the legislature have 
the power to provide such a method, the 
entire Commission concurs in the wis- 
dom of formulating a rule which, by re- 
quiring stated reports by the board of 
estimate and apportionment, may serve 
as a partial restraint upon the incline - 
tion to reckless expenditure. 

The legislative authorization to report 
a charter and an administrative code the 
Commission interprets as an authoriza- 
tion to report a charter new in form 
with such substantive changes as it 
deems necessary to render government 
economical and efficient. Hence the ef- 
fort of the Commission has been to con- 
form law w'ith wise administrative prac- 
tice: to eliminate the purely obsolete; 
to clarify the text; to harmonize the law 
with administrative interpretation; to ef- 
face the redundant and establish cohe- 
rence. It has sought to follow the lines 
of the historical development of the ex- 
isting charter, with due consideration 
for the actual experience in charter his- 
tory of other American cities with simi- 
lar problems; to make no radical or 
purely experimental changes; to pre- 
serve existing phraseology where it was 
clear or had received a definite meaning 
from the courts; to bring all matter re- 
lating to the same subject under one 
title; to correlate and coordinate differ- 
ent departments and bureaus, and, so 
far as practicable in the time at its 
command, to substitute order and sym- 
metry for the present confusion and 
cross division of powers and duties and 
to give the law, in a word, an intelli 
gible, logical form. One purpose has 
been to elimiate from the charter much 
general statutory law which is found 
both in the charter and in the revised 
statutes. The magnitude of this entire 
undertaking will be appreciated by care- 
ful study and analysis of the Commis- 
sion’s work, in tracing to their several 
origins numerous provisions of the ex- 
isting charter, in correlating diverse 
sections referring to the same subject- 
matter, and in formulating the results in 
simple yet comprehensive language. 

The proposed charter contains all pro- 
visions which touch upon the corporate 
powers, rights and franchises of the city, 
the city’s obligations and the sinking 
funds established for their protection, and 
all substantive law of a constitutional 
character relating to the organization of 
the municipality as a self-governing com- 
munity, and as the representative of the 
state in the administration of general 
law' within the municipal jurisdiction. 
The fundamental changes are compara- 
tively few, and will readily be appre- 
hended. The chief value of the Commis- 
sion’s work and the feature of it which 
has required the most time and care Is 
its attempt to give intelligible and cohe- 
rent shape to the entire charter and to 
separate the organic or structural mat- 


8 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


ters of city government from adjective 
or administrative details. In making this 
separation it has been actuated by the 
desire to formulate a charter of a per- 
manent or abiding nature, for it recog- 
nizes that the administrative code will 
doubtless require frequent amendment, 
either for the adoption of improved 
methods or in response to successful ad- 
ministrative practice. The code in the 
nature of things should be a more fluid 
body of law, susceptible of change and 
evolution without change or alteration 
of the charter proper. The advantage of 
this dual statute will, we think, be at 
once apparent to the legislature and the 
people. The charter can and should be 
placed in all hands and will be readily 
comprehended. The administrative code, 
not being of such fundamental impor- 
tance, bears a closer resemblance, for in- 
stance, to the ordinances of the Council, 
and belongs in a somewhat larger way to 
that body of adective law which Includes 
local ordinances and regulations. It is, 
therefore, not of such general interest 
or fundamental importance as the char- 
ter, but is of special and particular in- 
terest as the embodiment of details af- 
fecting the conduct of city or depart- 
mental business. 

Our report, therefore, will assume the 
form of two draft bills which illustrate 
as perfectly as the limit of time and the 
measure of our strength and ability can 
do, the precise form of legislation which 
we would recommend, as well as the pre- 
cise content of that legislation; and the 
two draft bills should be treated not as 
final propostions for adoption but as 
recommendations in bill form so 
presented that if approved by the legis- 
lature they may be treated as a whole, 
and that if the legislature disapproves 
of any particular matter, its substitute 
may be promptly formulated and fitted 
into the general scheme. 

Because of the flexibility of the code 
and the ease with -which it may be modi- 
fied to conform with legislative decision 
upon the charter, and as well because of 
lack of time to frame to the full satis- 
faction of the Commission the several 
code chapters, it has been deemed wise 
to defer the presentation of the code 
until the legislative committee shall 
have reached their conclusions. 

The charter may be considered inde- 
pendently of the administrative code, 
but the converse proposition is not true. 
The legislature itself cannot well take 
up consideration of the code until it shall 
have passed upon the charter; but when 
that has been done those parts of the 
code which have been drawn to conform 
with our proposed charter can readily be 
revised so as to harmonize the adminis- 
trative law with the charter as finally 
adopted by the legislature. 

The charter will consist of 75,000 words; 
the present charter contains over half a 
million. The administrative code will be 
no larger than the charter. The charter 
and code together will be about one- 
quarter the volume of the present char- 
ter. The charter contains 299 sections; 

code will contain about the same 
number, The present charter contains 
1020 sections. 

For the purpose of facilitating the 
study and appreciation of the draft char- 
ter, and in order to point out the char- 
acter, scope and purpose of each chapter, 
and to indicate the extent to which 
changes or innovations of a fundamental 
character have been recommended, we 
call the attention of the legislature to 
the following analysis. 

GENERAL PROVISIONS REGARDING 
THE RIGHTS AND FRANCHISES 
OF THE CITY. 

This chapter contains the grant to the 
city of corporate power, of franchises and 
of power of local administration, con- 
tinues the guarantee of all pledges and 
securities for the city’s liabilities, regu- 
lates the grant of franchises to use the 
streets and waters, and besides provis- 


ions with regard to grants of land under 
water, contains sections relative to ac- 
tions by and against the city, and fixes 
the geographical boundaries of the bor- 
oughs. 

In its draft the Commission has made 
use of the elaborate description of mu- 
nicipal powers contained in the charter 
of cities of the second class drawn by 
the late Judge Earl. Inasmuch as some 
of the grants to the city originated in 
royal charters and have been confirmed 
by the state constitutions, provisions 
have been added to ensure the continu- 
ance- of all rights, privileges and powers 
heretofore vested in the municipality. 

In the present charter words are de- 
fined with needless frequency and not | 
always in identical language. The defi- 
nition of “Franchises” in our Chapter II 
has been predicated upon definitions 
found in the jurisprudence of our own 
state and of other states and in the de- 
cisions of the federal courts, and in the 
Special Franchise Tax Law. 

Consents to the exercise of franchises 
to use the streets and waters of the city 
are treated in section 7, which is practi- 
cally identical with section 73 of the 
present charter. It is reported in this 
form not because it meets with the ap- 
proval of the Commission, but because, 
whenever and however amended, it 
should conform to the amendments of 
the Rapid Transit Act of 1891 and of the 
Public Service Commissions Law, which, 
it is understood, will be considered by 
the legislature at the present session. 

In section 10 slight changes have been 
made in the phraseology of the corre- 
sponding section of the present charter 
(section 86). The substantive change in 
the section would prohibit grants of land 
under water within the city to the ri- 
parian proprietor without the city’s con- 
sent. and would limit grants by the com- 
missioners of the land office to riparian 
proprietors upon terms and conditions 
satisfactory to the city acting through 
its board of estimate and apportionment. 
These changes embody in statutory form 
the principle frequently enunciated by 
the courts that “riparian owners have no 
right to prevent important public im- 
provements upon tide water for the 
benefit of commerce," and that “when 
any public authority conveys lands 
bounded by tide water it is impliedly 
subject to those paramount uses to 
which the government as trustee for the 
public may be called upon to apply the 
water front for the promotion of com- 
merce and the general welfare" (Sage 
vs. Mayor, 154 N. Y., 79-80). The effect 
of our change will be that riparian own- 
ers cannot acquire such grants without 
the approval of the city and later on 
compel the city, in the event of the re- 
quirement of lands under water for the 
development of the water front, to un- 
dertake condemnation proceedings in 
which, or to enter into contracts by 
which, it would be obliged to pay exorbi- 
tant prices — many times what riparian 
grantees shall have paid the state. 

GENERAL PROVISIONS REGARD- 
ING THE DUTIES OF 
OFFICERS. 

This chapter contains those general 
provisions regarding the duties of offi- 
cers and employees which are applicable 
to all alike. These provisions are, gen- 
erally speaking, -identical with the pres- 
ent law, except 

First: Under the present law no mem- 
ber of the uniformed force of the Police 
or Fire Departments can be nominated 
for an elective office, and failure to de- 
cline such nomination at the time and 
in the manner provided is declared to 
vacate his office. This principle is ex- 
tended to all persons holding appointive 
office or employment under the city gov- 
ernment. 

Second: The prohibition which forbids 


employees of certain departments of the 
city government to participate in asso- 
ciations organized for the purpose of 
contributing funds to affect legislation 
in their own behalf, or to promote such 
legislation, is extended to apply to all 
officers and employees of the city. 

Third: In aid of the Civil Service, and 
of its divorce from politics, an entirely 
new subdivision is submitted, which pro- 
vides that, at the risk of forfeiture of 
his office, “No person in the classified 
civil service of the city shall be an offi- 
cer or member of any political commit- 
tee, or a delegate or alternate to any 
political convention." 

By proposed section 23, "No elective 
officer who shall have been removed un- 
der any provision of this act shall be 
I eligible to election or appointment to 
j fill the vacancy caused by his removal.” 
This would prevent the reappointment of 
a removed officer to the vacancy caused 
by his own removal. 

Another recommendation requires the 
payment into the city treasury of all 
fees and emoluments received by any 
officer or employee of the city under any 
statute. This would put an end to the 
fee system so far as remnants of it still 
exist in Manhattan, Queens and Rich- 
mond. If this recommendation and cer- 
tain other recommendations in the Board 
of Estimate and Apportionment chapter 
be adopted, all salaries and compensation 
will be paid out of budgetary appropria- 
tions, and the whole subject of salaries 
be brought within the exclusive control 
of the Board of Estimate and Apportion- 
ment. The most important feature of 
this recommendation is to bring the ap- 
propriations for the offices of the sev- 
eral district attorneys clearly within the 
budgetary powers of the Board of Esti- 
mate and Apportionment. 

THE COUNCIL. 

If the recommendation of the Commis- 
sion be adopted, the Council should, it 
is hoped, become a more important fac- 
tor in local government, with large and 
efficient legislative power. What consti- 
tution of the Council would tend most 
directly and immediately to secure in it 
the largest measure of fitness, and to 
secure for it the greatest efficiency, is a 
question to which the Commission has 
given much deliberation. With these con- 
siderations in view we recommend that 
the Council be reduced from its present 
number, seventy-three, to thirty-nine, 
distributed as follows: To Manhattan, 
fourteen; to Brooklyn, eleven; to The 
Bronx, six; to Queens, five, and to Rich- 
mond, three. This distribution will not 
materially alter the relations to each 
other of the several boroughs in the 
Council, but it will have the effect of 
making the Council districts about twice 
as large as at present, except in Rich- 
mond and Queens, and will insure all 
those advantages for business purposes 
which a smaller body possesses in con- 
trast with a larger one, without mate- 
rially disturbing the present proportion 
in representation. 

The city’s experience with an unpaid 
board of education has been so satisfac- 
tory that we recommend the abolition of 
the salary of councilmen in the belief 
that, if the office be removed from the 
field of small pecuniary political prizes, 
it will no longer be utilized as an ad- 
junct to the organized political machin- 
ery of parties. It should cease to allure 
municipally paid agents of local politi- 
cal leaders, but should attract those 
seriously interested in the solution of 
municipal problems. The Commission 
favors return to the policy of requiring 
councilmen to be residents of the dis- 
tricts which they are elected to repre- 
sent. Heads of departments continue 
to have seats in the Council and to be 
entitled to a hearing, although not to a 
vote. 

The president of the Council is also 
vice-mayor and a member of the board 
of estimate and apportionment. His 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


9 


duties are or may be of a triple nature. 
His office is of great importance and the 
salary should be ample to attract the 
same degree of character and ability as 
the mayoralty. The Commission has. 
therefore, recommended that the salary 
be fifteen thousand dollars a year. 

A cardinal departure has been made 
from the existing charter in a broad 
grant of legislative power to the Coun- 
cil. thus following what the Commis- 
sion conceives to be the best of prece- 
dents in recent charters. A comprehen- 
sive grant within thoroughly de- 
fined limitations is in its judgment pre- 
ferable to a detailed enumeration of spe- 
cific powers. The broad grant includes 
everything within the circumscribed 
sphere, yet confers no jurisdiction be- 
yond it. 

This ampler ordinance making power, 
among other things, makes the Council 
the medium for the correlation and co- 
ordination of all ordinances and all de- 
partmental regulations. It may also amend 
certain specified sections of the admin- 
istrative code which are so local in their 
operation that they may properly be al- 
tered by the city legislature, thus reliev. 
ing the state legislature from considera- 
tion of unnecessary administrative de- 
tail. 

Following the course of recent evolu- 
tion, we remove from the Council every 
vestige of power over grants of fran- 
chises and have transferred all such 
powers to the board of estimate and ap- 
portionment. The board of aldermen 
now has power to authorize the issue, for 
certain purposes, of revenue bonds not 
exceeding the sum of $2,000,000 a year, 
and the abandonment of this practice is 
recommended for reasons which will later 
be stated. The power now possessed by 
the board of aldermen to fix the tax levy 
and reduce specific items in the budget 
is continued in the Council. 

THE EXECUTIVE. 

Few material changes are proposed in 
this chapter. We recommend, however, 
that no person shall be eligible for the 
office of mayor unless he shall have been 
a resident of the city for at least ten 
years preceding his election, and that the 
salary be increased to twenty-five thou- 
sand dollars a year. The present term 
of four years is continued. There is 
doubt whether the president of the board 
of aldermen, in the event of vacancy in 
the mayor’s office, would, under the ex- 
isting charter, become mayor for the full 
term. This is removed by our provision 
that an election to fill the vacancy be 
held at the annual election following its 
occurrence — the president of the council 
to be mayor ad interim. 

The mayor will continue to appoint and 
at pleasure remove all heads of depart- 
ments, certain commissioners and mem- 
bers of boards. 

The Municipal Courts’ act should be 
amended to authorize the judges of those 
courts to appoint marshals, under civil 
service rules. The appointment of a 
marshal by the mayor is in the nature of 
a pure survival, without reason in logic 
or policy for its continuance. There is 
need for this minor change, which would 
tend to stop practices from which poor 
and inconspicuous litigants suffer seri- 
ously. 

We recommend that the mayor be au- 
thorized to appoint an advisory board, to 
act in conjunction with the board of es- 
timate and apportionment in devising 
and formulating plans for the compre- 
hensive development and improvement of 
streets and parks. This advisory board 
would be distinct from the Municipal Art 
Commission, the existence of which is 
continued. 

The duties of commissioners of ac- 
counts will be performed by a commis- 
sioner of inquiry — a title which, more 
fully than the present title, indicates 
the functions of this office. He may ap- 
point and remove two deputies, one, an 
attorney and counselor at law. The com- 
missioner and his deputies may invest!- ' 


gate any department of the city govern- 
ment, but subject to the mayor’s power 
to limit the scope of such investigation. 
The mayor will thus retain, but under 
better guarantees of efficiency, the right 
of executive investigation into the ope- 
ration of all departments. 

BOARD OF ESTIMATE AND AP- 
PORTIONMENT. 

A majority of the Commission favor 
the continuance of a board of estimate 
and apportionment consisting of the 
mayor, the president of the council, the 
comptroller, and a borough president to 
be elected from each borough. A marked 
change in the existing system is made 
by the withdrawal from borough presi- 
dents of all administrative functions. 
The experiment of electing borough rep- 
resentatives as financial officers to vote 
appropriations, and as administrative of- 
ficers to spend appropriations voted to 
themselves, was violative of two funda- 
mental principles inherent in our system; 
namely, that appropriating officers 
should never be expending officers and 
that administrative officers should be, not 
elective, but appointive, and be at all 
times clearly within the sphere of unitary 
executive responsibility. Relieved of ad- 
ministrative duties which now make their 
offices centers of political patronage, the 
borough presidents will be required to 
give their undivided time and attention 
to the work of the board, which should 
become and be the great financial execu- 
tive committee of the city. From the 
standpoint of the city’s fiscal require- 
ments, this board is the most important 
organ of the city government. Its mem- 
bers should be men of signal ability, 
chosen because of their peculiar fitness 
for the performance of their duties. To 
aid in insuring the election of borough 
presidents of high capacity and of con- 
spicuous position in their respective 
communities, it is recommended that the 
salary be ten thousand dollars a year. 

We propose to create under the board 
several new bureaus, for the more per- 
fect co-ordination of the city business, 
greater protection of its rights, better 
preservation of its property, the estab- 
lishment of large economies in its pur- 
chases and of a comprehensive and sys- 
tematic plan for its growth. Plans for 
city improvements would fall within the 
province of the bureau of public improve- 
ments and engineering; franchises would 
be cared for by the bureau of franchises; 
the city’s real property now valued at 
upwards of eight hundred and fifty mil- 
lion dollars would be under the charge of 
the bureau of real estate; and all claims 
against the city, instead of being ad- 
justed in the finance department, would 
be first submitted to the bureau of claims. 
The bureau of salaries is to classify and 
grade officers and employees, their wages 
and salaries, and powerfully re-enforce 
the protection furnished to public ser- 
vants by the Civil Service Law. The bu- 
reau of statistics and publicity would 
have ehage of the City Record and with 
material economy to the city would print 
and publish departmental reports and all 
public advertisements. 

The bureau of supplies is designed as 
a central purchasing agency for all sup- 
plies required in common by all city de- 
partments; its functions would be devel- 
oped through use and experience until it 
assumed proportions entitling it to be- 
come a co-ordinate department of the city 
government. This natural evolution 
would, we think, be facilitated by the 
creation of a bureau under flexible regu- 
lations. 

The Commission is firmly convinced 
that the board of estimate and appor- 
tionment should exclusively fix all appro- 
priations for salaries, subject, of course, 
to their reduction by the Council. Ex- 
clusive of payments under the “prevail- 
ing rate of wages” law, salary appropri- 
ation of at least thirty-five million dol- 
lars a year are fixed by the legislature. 


The situation is unjust to taxpayers, and 
is anomalous and exceptional. The new 
charter proposes the repeal of all manda- 
tory sections of existing law relative to 
salaries of policemen, firemen, school 
teachers, heads of departments and bu- 
reaus, and all other appointive city and 
county officials. If the legislature should 
determine to continue the maxima and 
minima provisions of the so-called 
“Davis” law, no modification of the edu- 
cational chapter of the charter would be 
necessary, for this, in common with other 
chapters, contains only the structural or 
organic. The subject of teachers’ sal- 
aries is treated in the educational chap- 
ter of the administrative code, which 
can easily be recast if the Davis 
law is to be continued; and 
this fact illustrates the state- 
ment heretofore made in this re- 
port, that the provisions of the code may 
readily be adapted to conform with such 
changes (if any) as the legislature may 
make in the proposed charter. 

In support ot our conviction that ex- 
clusive control of local salaries should 
be left to the city, we submit that neither 
successful nor economic administration 
of the city’s affairs will be attained so 
long as the legislature usurps a power 
that belongs of right to the city, thereby 
relieving appropriating officers of re- 
sponsibility for more than one-half of the 
expenditure for salaries and wages. New 
York City, in common with other and less 
heavily burdened municipalities, ought to 
be permitted, through its duly elected 
representatives, to determine the com- 
pensation of all its officers and em- 
ployees. It is the only city of impor- 
tance in the state which is not free to fix 
teachers’ salaries. Existing salaries re- 
main unchanged by the draft charter 
which provides that they shall remain as 
at present unless and until changed by 
the board of estimate and apportionment. 

We bespeak special attention to the 
section of the proposed charter respect- 
ing the form of the budget. Under the 
present charter a taxpayer would find it 
almost impossible to discover for what 
matters the budget should make provis- 
ion. Yet few things are more important 
to him than to know that his servants, 
in making appropriations, are not over- 
stepping law. For the first time in the 
city’s history reference to all matters 
which are the subject of appropriations 
is made in one proposed section. One 
distinct advantage of this change is that 
it serves to educate the taxpayer to dis- 
criminate between current expenses and 
capital outlays. All annual expense of 
maintaining the city government should 
(and but for archaic sinking funds would) 
be paid from the city’s revenues and its 
receipts from taxation, whereas all ex- 
penditures for permanent improvements, 
including the acquisition of land, should 
be met by issues of corporate , stock or, 
w’henever the city may be reimbursed by 
means of assessments upon property es- 
pecially benefited, by the issue of assess- 
ment bonds. A sharp distinction is made 
in the new charter between corporate 
stock and assessment bonds, and between 
corporate stock and assessment bonds on 
the one hand and special revenue and 
revenue bonds on the other; the latter 
classes of obligations being mere de- 
vices for anticipating the collection of 
income from taxation. The rule that 
current expenses shall be paid 
out of taxation allows no excep- 
tion. Hence, we provide that all the 
annual expenses of the dock department 
shall, like those of other departments, be 
provided for in the budget and met by 
taxation, thus discontinuing the evil 
practice of issuing corporate stock for 
the running expenses of the dock depart- 
ment. 

The budget should include also a de- 
tailed statement of all receipts of the 
general fund and of all sinking funds, the 
surplus income of which eventually finds 
its way into the general fund. The city 
will thus have a scientific budget of re- 
ceipts and expenditures. 


10 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


SINKING FUNDS. 

Before a draft of the chapter on Sink- 
ing Funds was made, a history of the 
sinking funds was prepared, in order that 
the Commission might more intelligently 
discuss existing provisions. The law of 
the sinking funds remains substantially 
unchanged. The old pledges of the city’s 
revenues for the payment of its creditors 
are preserved inviolate. There has been 
a rearrangement of the order of sections, 
resulting in more consecutiveness and 
coherence, and for the first time the 
actual sinking funds of the city have 
been enumerated. This chapter should 
enable the reader to understand the na- 
ture and purpose of the various funds. 
Obsolete provisions and solecisms of ex- 
pression have been eliminated, but no 
contractual pledge has been infringed. 

The Commission believes that it would 
be possible to refund the entire funded 
debt of the city, exclusive of the several 
water debts, at a satisfactory rate of 
interest, which would permit of the 
abolition of the several sinking funds. 
Many sources of revenue might be in- 
creased to the city’s gain, if they were 
not to be locked up indefinitely in sink- 
ing funds, and some might perhaps be 
reduced in the interest of the city and 
the taxpayer. 

The theory which once made sinking 
funds prevalent has long since been 
abandoned. Provision for meeting all 
funded obligations at maturity should be 
made by raising by taxation the annual 
interest upon these obligations and the 
requisite amortization instalments. Sub- 
stantially all the sinking fund revenues 
consist of the city’s own obligations; its 
creditors therefore have in the last 
analysis no other security than the city’s 
own promise to pay. If the sinking fund 
system were to be abolished and the 
payment of the debt provided for by 
amorization methods, the present anom- 
alous and artificial system of with- 
drawing surplus revenues from the sink- 
ing fund by the issue of general fund 
bonds to that fund could be discontinued. 
This is a method of preventing by in- 
direction undue increase of these funds, 
and in effect is an evasion of those pro- 
visions of law which require their main- 
tenance intact for the City’s creditors. 


BONDS AND OBLIGATIONS. 

Charter provisions regarding corporate 
stock and other city bonds have not the 
sanctity of sinking fund provisions. The 
Commission has here made substantive 
changes in the law. It has made a clear 
line of demarkation between corporate 
stock, assessment bonds, special revenue 
bonds and revenue bonds. Corporate 
stock can never be issued to pay current 
operative expenses if the Commission’s 
theory be adopted. To insure better 
prices and better interest rates for the 
city all bonds must be sold after public 
advertisement, but in case of special 
emergencies, of which the board of esti- 
mate and apportionment is sole judge, 
revenue bonds or special revenue bonds 
may be sold without advertisement. 

The Commission proposes that corpo- 
rate stock shall be issued for improve- 
ments only. Assessment bonds, although 
in part eventually convertible into cor- 
porate stock, are primarily issued to 
pay for public work for which the city 
may be reimbursed by assessments col- 
lected from property especially benefited 
thereby. Failure to heed the proper dis- 
tinctions between the several classes of 
city obligations has led in practice to 
the use of one form of bond where a dif- 
ferent kind only was proper, and to con- 
fusion of the funds from which bonds of 
different kinds should be paid. 

We have retained the provisions re- 
garding general fund bonds, but have 
provided in the board of estimate and 
apportionment chapter that the interest 
on such bonds shall be defrayed from 
annual taxation — our purpose being that 


the budget shall reflect all current ex- 
penditures, of which interest on bonds 
held by the sinking funds is undoubtedly 
one. 

THE ADMINISTRATIVE DE- 
PARTMENTS. 

These are treated in a single chapter 
under particular titles. In Title I are 
all administrative provisions applicable 
alike to all departments. These provis- 
ions are now scattered throughout the 
present charter, and are repeated in dif- 
ferent administrative titles, and some- 
times even in different sections applicable 
to different bureaus provided for in the 
same title. 

FINANCE DEPARTMENT. 

The Finance Department of late years 
has become the repository of so many 
functions that it has grown beyond rea- 
sonable and workable proportions. It 
now exercises many powers that with 
greater propriety should be under the 
control of the Board of Estimate and 
Apportionment. Accumulation of fun- 
tions in the Comptroller has at times 
given him ascendency over the Mayor in 
respect of purely administrative matters, 
but without any corresponding responsi- 
bility for administrative results. The 
department is amorphous and chaotic. In 
order to readjust relations between it and 
other departments we recommend that 
the Bureau of Claims be transferred to 
the Board of Estimate and Apportion- 
ment and that a Bureau of Real Estate 
and a Bureau of Franchises be created 
therein; that the chamberlain be made 
the head of an independent department 
to be known as the city treasury depart- 
ment, in which there shall be three 
bureaus — that of the city treasury, that 
of the collection of taxes and revenues, 
and that of licenses. The chamberlain’s 
office at present is nominally a bureau 
in the finance department; but the cham- 
berlain is actually an independent officer 
appointed by the mayor like other heads 
of departments. Our proposed changes 
make the city chamberlain a more effi- 
cient factor in the administrative gov- 
ernment, and secure for revenue collec- 
tions and for licenses attention impos- 
sible under the present organization. 

We favor a bureau of licenses in lieu 
of a department, as this branch of the 
city’s business has not yet developed to 
proportions justifying the erection of a 
co-ordinate department. But the entire 
matter of licenses should fall in one 
bureau for systematization of the li- 
cense system and treatment of the mat- 
ter of licenses and permits in such man- 
ner as largely to increase the sources of 
revenue. The adoption of this recom- 
mendation should go a long way toward 
making successful the effort to secure 
an adequate estimate of revenues from 
sources other than taxation, thus tend- 
ing annually to relieve the tax levy. 

THE PENAL SECTIONS OF THE 
CHARTER. 

The present charter contains fully 170 
sections which, being penal in their na- 
ture, should disappear from the charter 
proper. Many are repetitions of provis- 
ions of the Penal Code or Code of Crimi- 
nal Procedure, and are altogether need- 
less in the charter. Others so nearly re- 
peat the provisions of one or the other 
code as to leave the law in doubt, be- 
cause of the question raised as to which 
is controlling. Others, in whole or in 
part, are in neither the Penal Code nor 
the Code of Criminal Procedure, yet in 
one or the other code they undoubtedly 
belong. All penal charter sections have 
been segregated, and we recommend their 
ro-enactment in a separate chapter of 
the administrative code until such time 
as they shall have been properly cared 
for in the Penal Code or Code of Crimi- 
nal Procedure. A few penal sections 


touching matters of peculiar gravity are 
retained in the proposed charter, for the 
sake of greater clearness and in order 
that the charter may adequately depict 
the entire plan of city government. 

Sections of present administrative 
titles which are repetition of matter al- 
ready generally provided for in the Pub- 
lic Officers’ Law have been eliminated 
because they encumber the charter and 
make it less intelligible. These remarks 
apply to all of the administrative titles. 

THE POLICE DEPARTMENT. 

In this department we recommend that 
the Commissioner must appoint a deputy 
in the borough of Brooklyn; and that to 
a deputy commissioner who shall be a 
counselor at law of five years’ standing 
be confided the conduct of all police 
trials. The police commissioner is to 
frame rules of practice for police trials, 
to be approved by the Appellate Division 
of the Supreme Court in the First Ju- 
dicial Department, and is to review the 
trial commissioner’s findings and fix the 
punishment. No writs of certiorari shall 
hereafter issue to review his determi- 
nation, but it may be reviewed by an 
appeal to the Appellate Division, whose 
decision shall be final. This procedure 
should render trials simpler, juster and 
more expeditious, and guarantee all mem- 
bers of the force an absolutely fair 
hearing by a competent officer, under spe- 
cific rules permitting appeal to a satis- 
factory superior tribunal. It would have 
the effect of eliminating the injurious 
consequences of arbitrariness and indi- 
vidual temperament which have for years 
past been a constant cause of complaint 
in the disciplinary administration of the 
department. 

We have also recommended that a 
schedule of penalties be required to be 
fixed by the commissioner, which shall 
be just and may be equally applied 
to all, so as to make it impossible 
that like offenses tried by different 
persons or by the same person at 
different times may result, merely as 
a matter 0 f temperament or bias. 
In a punishment at one time and as 
against one individual which in no seri- 
ous manner affects his career in the de- 
partment, while, at another time or as 
against another individual, the punish- 
ment is such as to make all advance- 
ment practically impossible. 

In this connection we may add that we 
recommend the application of a similar 
system in the trial of members of the fire 
force. 

The Commission with substantial 
unanimity recommends the appointment 
of a superintendent of police from the 
uniformed force (following the very suc- 
cessful practice of the fire department), 
who shall be the executive head of the 
uniformed force. But the superintendent 
should be removable by the commis- 
sioner. 

Investigation demonstrates that the re- 
duction of the minimum age at which 
persons may enter the police force has 
worked to public disadvantage, and we 
therefore recommend that no person 
hereafter be eligible for membership in 
the force until he has reached the age 
of twenty-five years. Younger men can- 
not safely be entrusted with the perform- 
ance of the very serious duties of peace 
officers, and many of the administrative 
difficulties now encountered in the de- 
partment are due to the increasing num- 
ber of immature policemen. 

Minor changes have been proposed, 
generally upon the well-justified recom- 
mendations of the commissioner or of 
members of the force. They will, how- 
ever, appear in their proper place in the 
draft charter, and will be explained in 
detail in the notes accompanying it. 

HEALTH DEPARTMENT. 

In the substantive law' of the health 
department we recommend but one 
change — that the office of coroner be 
abolished, and that the duties of coroners 
in making post-mortem examinations 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


11 


hereafter be performed by a chief medi- 
cal examiner in the department of health 
and his assistants, and that inquests be 
conducted by city magistrates. In making 
these recommendations the Commission 
has considered chapter 677 of the Laws 
of 1902, by which the office of coroner in 
the county of Erie was abolished. 

We would also make it obligatory upon 
the department to maintain a bureau in 
each borough in which the records of 
births, marriages and deaths in that bor- 
ough should be kept — thus overcoming the 
objections convincingly urged to the 
present system by the medical profes- 
sion throughout the entire city. These, 
however, being administrative matters, 
will be treated in a supplementary report 
on the administrative code. 

CHARITIES DEPARTMENT A N D 
BELLEVUE AND ALLIED HOSPITALS, 

Provision has been made for municipal 
supervision or maintenance of an ade- 
quate ambulance service in all the bor- 
oughs. 

BOARD OP EDUCATION. 

We recommend the abolition of the 
board of education as a separate corpo- 
ration. No reason exists for its contin- 
uance as a separate corporate entity, and 
none has been urged by representatives 
of the board. On the contrary, they ap- 
pear to favor its abolition. In obedience 
to advanced educational opinion, we 
would reduce membership of the board to 
fifteen — a change which should insure in- 
creased efficiency. We retain the local 
school boards, the number of which is 
made to correspond with the number of 
council districts, but relegate the details 
of their constitution and functions to the 
administrative code. We have made the 
tenure of the administrative, the super- 
vising and the teaching staff to continue 
during good behavior and competency. We 
have continued the two colleges which 
constitute the capstone of the city’s edu- 
cational system. All provisions of the 
present charter respecting the appoint- 
ment of principals and teachers, and the 
method of licensing teachers, will, with 
slight changes, find place in the admin- 
istrative code, in which may be inserted 
also such provisions (if any) as the leg- 
islature may enact respecting salaries of 
the teaching staff. 

We may here add that since the passage 
of the Ahearn and Davis laws the annual 
expense per capita of the population for 
the maintenance of the city's public 
school system has been doubled, and vte 
reaffirm our belief that the citizens of 
this metropolis and its board of estimate 
will never permit the educational system 
to retrograde for lack of adequate ap- 
propriations. 

DEPARTMENT OF WATER SUPPLY. 

We recommend that the department of 
water supply be deprived of all jurisdic- 
tion in respect of gas and electricity, 
which should be transferred to the de- 
partment of street control. 

We favor the abolition of the Croton 
Aqueduct Commission for reasons pre- 
sented in the report of the Charter Re- 
vision Commission of 1907. 

DEPARTMENT OF DOCKS AND 
FERRIES. 

The law regarding docks and ferries is 
complex and chaotic. To reduce it to 
clear and intelligible shape, without sub- 
stantive change or impairment of the 
city’s rights, has been a work of diffi- 
culty requiring prolonged investigation. 
Thai, nart o F the law' which should prop- 
el !y be incorporated in the charter re- 
quires hut few sections, and these, as 
recommended, involve no changes iu the 
actual system. Many provisions of the 
present charter in the dock department 
titie are purely administrative in char- 
acter; the administrative code will re- 


duce to order, system and intelligibil- 
ity one of the most difficult titles of the 
present charter. The park department 
has control of part of the water front. 
Properly to delimit the respective juris- 
dictions of the dock and park depart- 
ments upon the water front has required 
much research and the skilled assistance 
of the corporation counsel’s office. 

BUILDING DEPARTMENT. 

This department existed prior to 1901, 
when the office of borough president was 
created, but it failed for want of execu- 
tive unity due to the fact that it was 
an epplication of a combination of the 
board principle with a division of terri- 
torial responsibility. It was abolished 
in 1901. end the functions previously ex- 
ercised by it were then divided among 
the borough presidents. The experiment 
has proved a signal failure, and we rec- 
ommend the recreation of this depart- 
ment. 

THE DEPARTMENT OF STREET 
CONTROL. 

The Charter Revision Commission of 
1907, whose report was before the legis- 
lature when the latter authorized the 
appointment of the present Commission, 
reported to the governor as follows: 

“In the old City of New York, under 
the Consolidation Act of 1882, the Com- 
missioner of Public Works had virtual 
control of all the street functions, ex- 
cept street cleaning. He had all the 
powers of the borough presidents, and 
in addition, many of the powers now ex- 
ercised by the Commissioner of Water 
Supply, Gas and Electricity. It is prob- 
ably true that the management of the 
water supply of the great city is too 
large a matter to be left to the control 
of a bureau. But it is possible so to co- 
ordinate the pow'ers to be exercised with 
respect to the streets as to do aw'ay, if 
not wholly, at least largely, with much 
of the existing conflict of authority. 

“With this object in view it has seemed 
to the Commission that a Department 
of Street Control should be created, with 
all the jurisdiction now vested in the 
borough presidents with respect to the 
construction and repair of streets, sew- 
ers, pavements and other structures, 
openings for ail purposes in street sur- 
faces, and encumbrances. In addition, it 
should exercise all street cleaning func- 
tions, have charge of lighting the streets, 
and be vested with all the powers and 
duties of the Department of Water Sup- 
ply, Gas and Electricity, except such as 
relate to the water supply proper. In 
short, it should possess all authority and 
control over the streets except the regu- 
lation of traffic by the Police Department 
and the care of the water mains laid 
under the streets. It is worthy of con- 
sideration whether this department 
should not be charged with the physical 
work of laying and repair of all water 
mains, subject to the requisition and gen- 
eral supervision of the Department of 
Water Supply. * * * 

“The Commission strongly favors the 
creation of this department, to be pre- 
sided over by a commissioner, appointed 
by the Mayor, with authority to appoint a 
deputy in each of the boroughs. * * * 

“Since, in the proposed redistribution 
of powers over the streets, conflict of au- 
thority may arise, provision should be 
made for the intervention of the Mayor 
as the final authority, to determine the 
matter in dispute, whether it be a ques- 
tion of precedence between contemplated 
improvements, the tearing up of a newly 
laid pavement, for purposes of subsurface 
construction, or other possible subject 
of conflicting jurisdiction. 

“In any improvement or work involv- 
ing the opening of a street surface, pro- 
vision should be made for limiting the 
length or area of the surface which 
may be open at one time. This would 
prevent abuses which arise from the 
opening of long stretches of the streets 


before the contractor or municipality Is 
actually ready to proceed with the sub- 
surface construction, or far in advance 
of the latter. Provision might be made 
lor requiring work of this character to 
be conducted by night and day shifts in 
order to expedite it and limit the time 
during which abutting property may be 
injured and street traffic inconvenienced. 

“The Commissioner of Street Control 
should be required, when making his an- 
nual departmental estimate, to base his 
estimate of the sums needed to maintain 
or repair the streets, upon a thorough 
and adequate inspection of their sur- 
faces.” 

A majority of the Commission concurs 
in these views, and therefore recom- 
mends the creation of a department of 
street control vested with the powers 
conferred in sections 224 to 283 inclusive, 
thus concentrating in a single department 
under the city’s chief executive all func- 
tions of street control now divided be 
tween certain appointees of the Mayor 
and the elected borough presidents for 
whose acts he is not responsible. The 
Department of Street Control will main- 
tain the same administrative offices in 
the boroughs that the borough presidents 
now do, except in respect of the building 
department, and public facilities for do- 
ing local business will not bo impaired. 


FERRIES. 

By original grants and confirmation in 
colonial charters, the former city of New 
York acquired a franchise covering all 
ferries. 

The uniform practice of the city was 
until recently to lease its ferries for 
short terms to companies organized to 
operate ferries, or to railway corpora- 
tions. like the Pennsylvania Railroad 
Company, the Central Railroad Company 
of New Jersey, the Erie Railroad Com- 
pany and the Delaware, Lackawanna and 
Western Railroad Company. Within a 
few years the city has undertaken to 
operate two ferries directly; one, to 
Staten Island; the other, to Thirty-ninth 
street, Brooklyn. Municipal operation 
has been expensive in the extreme, the 
net loss on the Staten Island ferry alone 
being almost as large as the total con- 
tribution o f Richmond County to the tax 
levy. 

Five other ferries have been discon- 
tinued by their lessees, and the courts 
having in effect decided that the city 
received its ferry franchise for the bene- 
fit of its inhabitants, and must itself 
operate or compel its lessees to operate 
its ferries, it follows that if the city 
should finally be compelled to run them 
directly (as seems not unlikely) the loss 
in the near future in ferry operations may 
easily attain the sum of two million dol- 
lars a year. 

Apart from the legal question of the 
city’s obligation to run ferries which its 
lessees refuse to run at a loss. Is t6e 
question of the proper method of defray- 
ing the cost of municipal operation. The 
cost of operation, and, of necessity, the 
resulting loss in the case of ferries 
municipally operated, are paid at pres- 
ent out of issues of corporate stock. The 
evil of this system is twofold; first, 
future generations are thus charged 
With present operating loss; and. second- 
ly, the present generation is debarred pro 
tanto of the use of the city’s credit for 
public improvements, inasmuch as its 
borrowing capacity is impaired by the 
use of its credit for current ferry ex- 
penses and ferry losses. 

The practice is an outgrowth of condi- 
tions created by the city’s sinking funds. 
The ordinance of 1844 pledged all ferry 
income to the sinking fund for the pay- 
ment of interest upon the debt of the 
former city, and the surplus of the In- 
terest fund now finds its way into the 
sinking fund for the payment of the prin- 
cipal of that debt. At present ferry 
rentals are paid into the iuterest fund. 
The question arises whether the gross 


12 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


Income from ferries, or the net income 
merely, belongs to the sinking fund. In 
our opinion only net income belongs to 
the fund. According to the cleelsions of 
the courts the city’s ferry franchise is 
an integral thing. The city's ferry sys- 
tem should also be treated integrally, and 
rentals from these ferries should so far 
as needed be applied to meet losses on 
municipally operated ferries, and only 
the net rentals remaining after this ap- 
plication should go to the sinking fund. 
If on the other hand after the applica- 
tion of ferry rentals, a loss should still 
remain in ferry operations, that loss, 
like all current expenses, should be paid 
out of the tax levy. But as the loss 
for any year would be conjectural at the 
time of the making of the budget of that 
year, we propose instead that it be paid 
out of special revenue bonds redeemable 
from the tax levy of the ensuing year. 

Payment of these operating losses out 
of proceeds of corporate stock is indefen- 
sible; the community should know from 
year to year just what the annual losses 
are, and this information should be dis- 
coverable from the budget. If ferry 
losses are payable out of taxation, the 
taxpayer will soon realize the significance 
of the loss and be prompted to devise a 
solution consistent with the interests of 
the city. 

It must be borne in mind that the city 
is carrying on a ferry business exactly 
as a private corporation might do if it 
possessed similar franchises. The city 
in part operates its ferries directly; in 
part farms them to lessees, but its ferry 
business is as much one business as it 
■would be if it were the business of a 
private corporation. 


ACQUISITION OF REAL PROPERTY 
FOR PUBLIC PURPOSES. 

The cost to the city of the acquisition 
of real property for public purposes has 
become a matter of scandal. The method 
of correcting the waste and extrava- 
gance of condemnation proceedings will 
require the most careful attention from 
the legislature. The proposed real prop- 
erty chapter contains only a few sec- 
tions, merely granting to the city the 
right of eminent domain, in broad terms. 
In the chapter dealing with the issue of 
corporate stock, provision is made that 
it may be used to purchase existing 
franchises. In the chapter on the board 
of estimate and apportionment power is 
given to acquire property by agreement 
with the owner without resort to con- 
demnation, and that such agreement may 
be made during condemnation pro- 
ceedings, or even after an award, 
provided the amount paid shall not 
exceed the award. The present char- 
ter contains many obscure, conflicting 
and redundant provisions for the acquisi- 
tion of real property for different public 
uses. The confusion is enhanced by spe- 
cial laws — for example, the act creating 
the Aqueduct Commission and the act 
creating the Board of Water Supply. 

practice which obtains in the ap- 
pointment of commissioners in such pro- 
ceedings merits criticism; courts do not 
always sufficiently regard the public in- 
terest in the allowance of counsel and 
commissioners’ fees; and the commission- 
ers frequently deem their appointment 
not so much a public trust as an oppor- 
tunity for exorbitant private profit at the 
city’s expense. The evils are glaring and 
of long continuance. The vital question 
is the remedy. Upon this subject di- 
verse views are entertained by the Com- 
mission as well as in the community. 
Some members of the Commission, as a 
means of temporary relief, favor the ap- 
pointment by the Appellate Division of a 
permanent board of condemnation com- 
missioners of twenty-one persons resi- 
dents of the several counties included 
within the city, these commissioners to 
be salaried and to have jurisdiction over 


practically all condemnation proceedings 
where property to be acquired is within 
the city limits; the Appellate Division to 
make appointments from the list of per- 
manent commissioners, unless objection 
be made by a property owner, in which 
case it may appoint at its discretion out- 
side of the list. All commissioners who 
are not to receive salaries shall serve at 
the rate of ten dollars for a day of five 
hours, no allowance to be made for ad- 
journments or for shorter sessions. 

Other members of the Commission 
question the constitutionality of this plan 
and believe the only remedy to be a con- 
stitutional amendment. All concur in 
recommending the amendment of the Con- 
stitution so as to provide for a court of 
condemnation. 

By an act of the legislature passed 
after the ratification of the Constitution 
of 1894, the Appellate Divisions were em- 
powered to establish rules of practice 
binding upon all the courts in this state 
and all the judges and justices thereof, 
except the Court for the Trial of Im- 
peachments, and the Court of Appeals. 
Under their rules they assign the trial 
and special term justices to the different 
parts during each calendar year. Appli- 
cations for the appointment of commis- 
sioners in condemnation proceedings 
must. In the first department, be made at 
part three, special term. Inspection of 
the list of justices designated to sit in 
this important part since January 1, 1895, 
discloses the remarkable fact that few 
justices have ever been privileged to oc- 
cupy this post and to dispense the pat- 
ronage attached to it. In cases where 
owing to the absence of the designated 
justice some other justice sits, it is the 
almost invariable practice for the corpo- 
ration counsel to adjourn applications for 
the appointment of commissioners until 
a term at which the regularly assigned 
justice presides. Thus, through its con- 
trol over the rules of the court and over 
the assignment of justices, the Appellate 
Division In this department is in a posi- 
tion to remedy some of the graver evils 
of the system. 

According to a statement submitted to 
this Commission by the Board of Water 
Supply as of August 31, 1908, its expendi- 
tures to that date in the acquisition of 
real estate, either by private contract or 
under the law of eminent domain, were 
as follows: 


Advertising $187,158.10 

Stenographers and other clerks 
to Commissioners of Ap- 
praisal 27,932.67 

Special counsel fees and ex- 
penses 268,775.60 

Commissioners of Appraisal, 

fees 104,515.48 

Commissioners of Appraisal, 

expenses 30,618.74 

Awards in condemnation pro- 
ceedings 277,007.50 

Interests on awards 15,781.93 

Counsel fees of Parcel Owners. 18,862.70 

Agreements, offices and build- 
ings 28,287.00 

Advertising proposals 9,268.11 

Contracts 507,263.67 


Of this enormous outlay, a sum aggre- 
gating $691,200.33, appears to have been 
incurred in the condemnation of land ap- 
praised at $277,007.50, and in purchases 
by contract amounting to $507,263.67. This 
vastly disproportionate expenditure is due 
to provisions of the statute creating the 
board, and revised legislation would fail 
of complete success if it did not prevent 
such excessive cost in the future. 


LOCAL BOARDS. 

We recommend that there be but one 
local board for each borough, to consist 
o? the members of the council elected 
from It. This determination has been 
reaohed after thorough investigation and 


prolonged consideration, and we believe 
that the best interests of the localities 
will be subserved by the adoption of this 
course, and the discontinuance of the 
large number of local boards now In ex- 
istence. 

We also recommend that the borough 
boards shall have power upon their own 
initiative, without approval of the board 
of estimate and apportionment, to under- 
take local improvements not inconsistent 
with the general plan of city improve- 
ment, in all cases in which the cost of 
an improvement shall not exceed five 
thousand dollars — the cost to be assessed 
upon the area of benefit. 

INFERIOR LOCAL COURTS. 

No change is recommended in respect of 
inferior local courts, except that provis- 
ion be made for the appointment of two 
additional justices of special sessions, 
seriously needed at the present time. 

A number of sections of the present 
charter devoted to the inferior civil and 
criminal courts will be carried Into the 
administrative code, until the passage of 
a law respecting courts of Inferior local 
criminal jurisdiction throughout the state, 
and a new municipal courts act are en- 
acted. 

The only fundamental change we sug- 
gest is the imposition upon police mag- 
istrates of the duty (now performed by 
coroners) of authorizing autopsies, and of 
conducting inquests. 


PENSION FUNDS. 

The proposed charter deals In the first 
Instance in a single section with all pen- 
sion funds, continuing and preserving 
them Intact. Different pension and retire- 
ment fund sections of the present char- 
ter are largely repetitious. We have be- 
lieved it better, after a general provision 
for the continuance of these funds, to put 
all sections relating to their administra- 
tion, into the administrative code. 


BOARD OF ASSESSMENT AND AAVARD 

Great care has been given to the clari- 
fication of sections of the charter regard- 
ing the constitution and functions of the 
board of assessors. Inasmuch as we pro- 
pose an enlargement of the powers of 
the former board so as to permit it to 
make awards for damages for changes of 
grade (functions which it now performs 
under numerous special statutes), we 
have changed the title of the board. 

Such sections of the existing charter In 
respect to the board of assessors, not in 
the new charter, as we propose to retain, 
arc incorporated in the administrative 
code, which provides also machinery for 
the collection of assessments. In this 
connection we may add that the admin- 
istrative code makes adequate provision 
for the collection of arrears of taxes and 
of water rents. 


The MUNICIPAL CIVIL SERVICE. 

Sections of general application have 
been placed in Title 1 of the adminis- 
trative departments. The tenure of em- 
ployees has been safeguarded by a re- 
quirement that in the removal of any 
employee holding a position in the clas- 
sified municipal service subject to com- 
petitive examination, there shall, to- 
gether with a copy of the charges form- 
ing the basis of his dismissal and the 
explanation of his removal, be filed a 
copy of . his defense with the municipal 
civil service commission. This may have 
a tendency - to check a practice which 
tends to reduce the civil service tenure* 
to a farce — where a department head 
makes a charge against an employee which 
is abundantly met by his answer, but is 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


13 


treated' as insufficient. We recommend a 
particular chapter on the municipal civil 
service in which are set forth the funda- 
mental principles of the Civil Service Law 
as applicable to the city, but without 
repetition of general provisions of the 
Slate Civil Service Law. This brief chap- 
ter shows the precise place and function 
of the municipal civil service commission 
in the political organization of the city. 


CONGESTION AND CITY PLAN. 

By taking the control of the city map 
out of the hands of the Borough Presi- 
dents, and by vesting the Board of Esti- 
mate and Apportionment with the power 
to perfect it not only, but by imposing 
upon that Board the duty of perfecting 
the map and conducting all future im- 
provements consistently with a compre- 
hensive scheme for the physical develop- 
ment of the city, intelligently and har- 
moniously, it will be possible for the 
first time to provide the administrative 
means whereby the cure for the existing 
congestion of population may be ac- 
complished. It is impossible, consist- 
ently, with the welfare of the city, 
that present conditions should continue, 
or that the city should longer be ' men- 
aced with an intensification of the evil. 
The first remedial step is to impose upon 
some competent body the duty to study 
and investigate and the power to prepare 
such a stable and comprehensive plan 
as present and future necessities may 
dictate, and this we believe we have done 
in the grant of powers, to the Board of 
Estimate . and Apportionment. This 
should also be of the greatest value to 
the Public Service Commission in connec- 
tion with 'its work of devising a. com- 
prehensive plan for the development of 
the transportation faellitie city. 


CONCLUSION. 


The diversity and importance of the 
subjects treated in this report and codi- 
fied in the proposed charter will enable 
the legislature to assess the magnitude 
of the labor of this Commission. It has 
attempted to formulate a comparatively 
brief charter out of a body of law reach- 
ing back to colonial days, and, since 
1830, covering a number of municipal 
charters and numerous statues. The char- 
ter of Greater New York, as its creators 
admitted was not “a charter in general 
terms with concise sections comprehen- 
sive In character,” but was an aggrega- 
tion, more or less symmetrically ar- 
ranged, of all provisions of law relative 
to the newly constituted municipality. 
The Charter Revision Commission of 1900 
at the outset of its report declared that 
it had debated whether it would undertake 
the preparation of a charter “different in 
form from the existing charter, or 
whether it would embody its recommen- 
dations in the form of amendments to 
that charter.” It decided that “the 
limited amount of time at the 'command 
of the Commission” rendered it impos- 
sible for it to enter upon an enter- 
prise so vast. This work has devolved 
by law upon the present Commission. 
It has endeavored to obey the legislative 
mandate making it obligatory to present 
its report before the close of the existing 
session. This mandate has recently been 
emphasized by request from the Cities 
Committees of the Senate and of the As- 
sembly that a report be presented by the 
Commission not later than March. 
Obedient thereto, the Commission sub- 
mits its results. 

Mr. Madison in the summer of 1823 
wrote in reference to the work of the 
great federal convention of 1787 that in 


the latter stages of its session "it was 
not exempt from a degree of the hurry- 
ing influence produced by fatigue and im- 
patience in all such bodies.” The Com- 
mission has no sense of impatience be- 
yond the realization that a truly fit char- j 
ter and administrative code would be the J 
product of work upon which no time 
limit is set. ■ 

The Commission has been sustained in 
its labors - by the conviction that they 
cannot prove futile, but must contribute 
to the foundation upon which a satis- 
factory organic law and administrative 
code for the city may be established. 

With, the administrative code will be 
submitted special bills in reference to 
the various sections of the present char- 
ter and of other statues either repealed, 
modified or left in full force. 

We cannot too highly testify our ap- 
preciation of the valuable assistance 
which various heads of departments and 
bureaus have cheerfully and courteously 
rendered. Respectfully submitted, 

WM. M. IVINS. 

Chairman. 

E. R. L. GOULD, 

Vice Chairman. 

JAMES COWDEN MEYERS, 
Secretary. 

ALFRED J. BOULTON. 

GEORGE CROMWELL. 

J HAMPDEN DOUGHERTY. 

GEORGE L. DUVAL 

GEORGE McANENY. 
p. f. McGowan. 

HERMAN A. METZ. 

HARRISON S. MOORE. 

W. W. NILES. 

CHARLES H. STRONG. 

ALMET REED LATSON. 


While we have signed the foregoing as 
the report of the Commission, we have 
done so with the express reservation 
that we favor the election of a borough 
executive in each borough who shall be 
charged with local administrative func- 
tions similar to those now vested in the 
borough presidents in each borough, and 
a separate member of the board of esti- 
mate and apportionment, and we dissent 
from the conclusion of the majority in 
that regard. _ „ 

HARRISON S. MOORE. 
ALFRED J. BOULTON. 


To indicate our concurrence in the 
main with the views of our associates, 
we have signed .the foregoing report but 
desire to note our dissent from the con- 
clusions of the majority of the Com- 
mission in the matter of the administra- 
tion of borough affairs, for the reason 
that we do not believe that the charter 
as proposed recognizes the principle of 
substantial home rule in local affairs. 

GEORGE CROMWELL. 

W. W. NILES. 


The recommendations of the Commis- 
sion as a whole, acting through its ma- 
jority. are contained in the foregoing re- 
port, which I have signed, yet I am con- 
strained to dissent from its conclusions iu 
certain particulars. 

BOROUGH GOVERNMENT. 

1. The wisdom of divorcing the legis- 
lative functions of the borough president 
from the administrative duties now exer- 
cised by that officer is conceded. It is 
equally apparent that there should be 
vested in the mayor that degree of cen- 
tralization which would enable him to 
exact the proper administration of gov- 
ernment in each borough. On the other 
hand, an appropriate measure of borough 
autonomy should be preserved and the 
danger of complete domination or perma- 


nent intrenchment by any one political 
party should be averted. Under the pro- 
posed plan the borough president is re- 
tained. his functions limited to a seat in 
the Board of Estimate and Apportionment, 
while the administrative or executive 
functions now exercised by the five bor- 
ough presidents are transferred to a 
single commissioner appointed by the 
mayor. As a substitute for this plan, I 
recommend : 

a. That the elective office of borough 
president be retained, the incumbent to 
be vested with the present administrative 
functions of that officer only. 

to. That there be elected in each bor- 
ough a representative to be known as 
"Member of the Board of Estimate and 
Apportionment,”, and that the present 
system of plural voting be preserved. 

c. That the mayor be vested with power 
of removal over the borough president, 
for cause, with power of appointment to 
fill the vacancy created, the person chosen 
to be a member of the same political 
party as the last incumbent of the office. 

POLICE. 

2. So far as practicable the various de- 
partments should be administered in the 
borough of Brooklyn by officials of the 
same grade as those who administer the 
departments in the borough of Manhat- 
tan. This is particularly true of the 
Police Department. Under the recom- 
mendations of this report, while provision 
is made for the maintenance of a. branch 
office in the borough of Brooklyn, the 
police commissioner is vested with dis- 
cretion in the determination of the ex- 
tent to which the police force assigned 
to that toorough shall be commanded by 
a resident official. A mandatory provision 
should be substituted. The creation of a 
superintendent of police selected from the 
uniformed force meets with my hearty 
approval, but if provision were made that 
he in turn should appoint from the uni- 
formed force a chief having control 
throughout the boroughs of Manhattan. 
Bronx and Richmond, and another having 
control throughout the boroughs of Brook- 
lyn and Queens, the efficiency of the en- 
tire force would be greatly increased, the 
existing discontent in the boroughs would 
be largely eliminated, and probably the 
commissioner would need but a single 
deputy in addition to the trial deputy. 

INFERIOR LOCAL COURTS. 

3. The appointment of city magistrates 
and justices of the Court of Special Ses- 
sions constitutes a notable exception to 
the principle of an elective judiciary 
which runs through the entire system of 
government in the state of New York. 
Experience seems not to have justified 
the retention of this exception. Any tend- 
ency to give to that important bench a 
political complexion would be greatly mod- 
ified by adhering to the elective system. 

ALMET REED LATSON. 

New York, N. Y., December 12. 190S. 
To the Governor, 

Sir: 

In compliance with your request, we 
now have the honor to make the follow- 
ing report with regard to the constitu- 
tional borrowing capacity of The City of 
New York as of the 1st of November, 
1908. 

At the request of the special committee 
of the Senate and Assembly now investi- 
gating the financial affairs of The City of 
New York, and also at the request of 
the Charter Commission, the Comptroller 
has prepared a statement upon the 
basis of calculation adopted for the Fi- 
nance Department of the City, showing 
the margin of borrowing capacity, within 
the constitutional limitation, as of No- 
vember 1st, to be $37,931,640. 


14 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


Ten per cei... assessed valuation of taxable real estate, 1908 

Net funded debt (chargeable against constitutional limitation 

Net contract liability (chargeable against constitutional limitation) 

For land acquired (estimated) 

Revenue bonds of 1902, outstanding November 1, 1908 

Revenue bonds of 1903, outstanding November 1, 1908 

Revenue bonds of 1904. outstanding November 1, 1908 

Revenue bonds of 1903, outstanding November 1, 1908 

Revenue bonds of 1906, outstanding November 1, 1908 


8072,241,578.90 

$546,354,179.09 

45,416,523.30 

18,935,961.76 

100,000.00 

5.000. 000.00 

4.476.000. 00 

7.000. 000.00 
9,376,210.00 


636.658,874.15 

$35,582,704.75 


Total $25,952,210.00 

Grand total 

Balance 

Remaining out November 1, 1908, of the proceeds of sale of bonds, the following aipount which has not been 
apportioned and transferred to the credit of the various accounts on account of which said bonds were 

authorized to be sold 

Estimated margin out November 1, 1908 


Before discussing this statement in de- 
tail it is proper to say that early in 
May of the present year a special com- 
mittee of the Charter Commission under- 
took an investigation of the City’s bor- 
rowing capacity, which will be spoken of 
generally hereafter as the Debt Limit. 
For the purpose of ascertaining the City’s 
contract indebtedness, certified as well as 
uncertified, on the books of the Comp- 
i roller, specific questions were addressed 
to each of the City departments, accom- 
panied by uniform blank schedules. In 
reply to the Committee's communications 
it received from each of the City depart- 
ments satisfactory replies, returning the 
schedules showing in detail as of the 1st 
of July the precise contract debt of the 


i City payable out of the proceeds of cor- 
porate stock; that is to say, all contract 
indebtedness except that payable from 
appropriations for departmental pur- 
poses. The Committee then undertook 
an examination of all questions of law 
involved in the method of calculating the 
City’s indebtedness for the purpose of 
determining whether the same was with- 
in the constitutional limitation, examin- 
ing all of the opinions of the several 
Counsel to the Corporation in respect to 
these matters and thoroughly investigat- 
ing the practices of the Finance Depart- 
ment in the inclusion or exclusion of one 
or another item in or from its calcula- 
tions. 

Having said this much by way of fore- 
word, permit us now to recast the Comp- 


$2,348,935.88 
$37,931,640.58 

troller’s statement of November 1st, so 
as to show the elements of his calcula- 
tion, which it will be noted at the outset 
does not even contain a statement of the 
gross bonded debt of the City, and which 
as prepared does not admit of any check 
or counter-calculation, except as the re- 
sult of expert knowledge or access to the 
City’s books, and therefore, although ar- 
riving at a result which may or may not 
be correct, Is nevertheless quite blind to 
interested taxpayers or the holders of the 
City’s securities. We prefer, therefore, 
to recast the form of statement summar- 
ily, for the time being adhering to 
the Comptroller’s basis of calculation. 
The result is a s follows, the figures dif- 
fering from the Comptroller’s only be- 
cause of our failure to include the cental 

$933,121,157 

139.678,100 


Gross bonded indebtedness, November 1, 190S 
Less revenue bonds 


Gross funded debt 

Contract liability, other than on appropriation account 

Liability for land acquired, as estimated by the Comptroller 

Revenue bonds issued against uncollected taxes for years prior to 1907 


$45,416,523 

18,935,961 

25,952,210 


$793,543,057 

$90,304,694 


DEDUCTIONS. 

Bouds held by the sinking fund, and which are redeemable from those funds, except under Bank 

for Savings vs. Grace 

County bonds, exempt under the Constitution 

Water bonds for debt incurred since January 1, 1904, exempt under the Constitution 

Proceeds of bonds in the City Treasury, deducted by the Comptroller 


$883,847,751 


$190,649,56-1 

21,708,27? 

34.831,034 

2,348,935 


249,537,813 


Ten per cent, of assessed valuation of taxable real estate, 1308 


$634,309,939 

672,241,578 


Margin of borrowing capacity of the City upon the basis of the above calculation 


$37,931,639 


We may now consider the propriety [ 
and adequacy of the method of calcula- 
tion. 

1. It will be observed in the first in- 1 
stance that the Comptroller estimates! 
land liabilities at $1S. 935.961. Our inves- j 
tigation has disclosed the fact that this , 
estimate of liability covers only that land i 
where title has actually passed to the j 
City, and that so far as practicable the j 
estimate is made upon the following 
basis: 

a. Awards actually made, but not yet 
paid. 

b. Estimated awards about to be made, 
where the basis of the award has been j 
determined by the commissioners. 

c. Where no basis of award has yet 
been arrived at, upon the value of the 
property as assessed for purposes of tax- 
ation. 

d. That nothing is included in the esti- 
mate for interest and for costs of acqui- 
sition, meaning thereby commissioners’ 
fees, disbursements and legal costs. 

2. The most careful examination leads 
us to the belief that, in respect of (he 
lands already acquired by the City, this 
estimate is Inadequate. As will be ob- j 
served, it is determined more or less 
arbitrarily by the Comptroller, can be in- 
creased or decreased at his pleasure, is, 
certainly inadequate so far as concerns j 
so much of the estimate as is based upon ! 
values as assessed for purposes of taxa- j 
tion, and* is wholly erroneous to the ex- 


tent to -which it fails to include Interest 
and the costs of acquisition. It is our 
belief that this estimate should be In- 
creased by not less than 50 per cent.; 
that is to say, that there should be 
added thereto as a minimum, $9,500,000. 

2a. A very grave question is raised as 
to whether the City should not also, as a 
matter of business conservatism and in 
due respect for the spirit of the Consti- 
tution, estimate and deduct its contin- 
gent liability for real estate in course of 
condemnation, where the City has not 
yet actually acquired title. This is a 
question of law, however, which can only 
be determined by the courts or by an 
act of the Legislature. Until so deter- 
mined, and notwithstanding the conten- 
tion that the City has the right to dis- 
continue. which we have maturely con- 
sidered. it is our belief that the Con- 
stitution should have the benefit of the 
doubt. Our inquiries indicate that the 
lands in course of condemnation where 
title has not yet passed to the City are 
at least 33 1-3 per cent, of all real estate 
now being condemned. If the ultimate 
cost of such land be calculated upon 
i he same basis as that suggested by us 
for the determination of the ultimate cost 
to the . City of lands to which title has 
passed, i; would be necessary to add a 
further $14,000,000 to the item of land 
liability, thus making a total increase in 
the item of land liability of $23,500,000. 

2b The' city is under certain obligations 
to pay for real estate privately pur- 
chased, and this item is completely 


neglected by the Department in its calcu- 
lations. 

3. The Comptroller has not added to the 
City’s liability contracts payable out of 
the proceeds of bonds when contracts 
have been actually let and entered into 
between the departments and contractors, 
but which he has not yet certified to and' 
carried into the City’s general books. It 
is possible for the Comptroller from time 
to time, by failure to certify such con- 
tracts, to contract or expand the bor- 
rotying capacity of the City, a practice 
which we do not believe was contem- 
plated by the Constitution, notwithstand- 
ing the fact that no contract can be sued 
on until so certified. Such contracts have 
been authorized by the Board of Esti- 
mate and Apportionment, have been duly 
entered into, and in our opinion should, 
for the purpose of calculating the debt 
limit, be treated precisely in the same 
manner as contracts which have received 
the Comptroller’s certificate. If we are 
right in this belief, there should be added, 
in round figures, as of November 1, 190s| 
for such contracts, $3,500,000. To this 
should be added all contracts awarded, 
but which have not yet been forwarded to 
the Comptroller’s ofilce, and which may 
aggregate a large sum. We determined 
precisely what this was as of July 1st 
last, and to do so required an investiga- 
tion which continued for six weeks. It 
would now require not less than a month 
to make the exact corresponding figures 
as of November 1st, 

4. The Comptroller has, la his calcula- 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


15 


tlon, made a deduction of $2,348,935 for 
proceeds of bonds remaining in the City 
Treasury, “which have not been appor- 
tioned, and transferred to the credit of 
the various accounts on account of which 
said bonds were authorized to be sold,” 
but are mingled with the common fund. 
This is deducted by the Department on 
the theory that the amount is applicable 
to the payment of land liabilities, or to 
payment on account of contracts already 
included in the debt. Until the cash is 
so used, however, it is merely an asset 
of the City, like any other asset, and the 
ruling of the courts does not seem to 
authorize any deductions for assets of 
any kind, and particularly where the fund 
in question is not separated from other 
moneys in the Treasury, but is used for 
the payment of the City’s current bills. 

5. It should be observed, in passing, 
that no estimate is made of the contin- 
gent liability of the City in some 25,000 
actions now pending against it. Judg- 
ments entered in these actions, as a rule, 
are ultimately paid out of appropriation 
account, but that seems to be no reason 
why some proper estimate should not be 
made for so much of such judgments as 
cannot be paid out of appropriation ac- 
counts. 

6. At this point attention should also 
be called to the fact that by Chapter 208 
of the Laws of 1906, the Board of Esti- 
mate and Apportionment was required, 
on or before the first day of October, 
1906, to “authorize corporate stock of 
The City of New York to be issued to 
an amount equal to so much of the defi- 
ciency on the 1st day of January, 1905, in 
the product of taxes theretofore levied 
and deemed by the Board to be uncol- 
lectable, as shall not be provided for in 
prior tax levies or by the issue of cor- 
porate stock of The City of New York,” 
which act was to take effect immediate- 
ly. The Board of Estimate and Apportion- 
ment determined such amount to be $36,- 
000,000, and authorized the issue of $36,- 
000,000 of corporate stock. Under such 
authorization, how'ever, it has up to this 
time actually issued but $3,000,000. The 
question is at once raised as to whether 
it was the intent of the Legislature that 
this $36,000,000 of uncollectable taxes 
should be funded, and if so, whether the 
Board of Estimate and Apportionment 
has any discretion in the premises. We 
understand the law to be mandatory, and 
not to be limited to the authorization of 
the issue, but to the exercise of the 
authority. 

In view of the foregoing, we now call 
attention to what we believe to be the 
necessary readjustment of the estimated 
margin of borrowing capacity as shown 
by the statement of the Finance Depart- 
ment, namely $37,931,640 00 


Additional estimated land 

liability $23,u00,000 00 

Cash improperly deducted... 2,348,935 00 
Contracts let but not cer- 
tified 3,500.000 00 


$29,348,935.00 

Readjusting the Comp- 
troller’s figures by the de- 
duction of this amount we 
have a remainder of but.. $8,5S2.70o 00 
exclusive of contracts awarded but not 
yet in the Comptroller’s hands, and con- 
tracts for purchase of real estate, still 
unconsidered. 

In addition to the questions involved in 
the foregoing considerations, our atten- 
tion has been called to another mat- 
ter of much gravity, namely, ‘he 
question as to whether the assessed 
value of special franchises for purposes 
of taxation should be included * in 
the assessed real i stale, for the purpose 
of determining, the borrowing capa-tty of 
the City within the constitutional limita- 

' K \rticle VII, Section 10 of the Constitu- 
tion contains the following provision a3 
the same was adopted .in 1884 and sub- 
sequently in 1894: ,, • , 

"No city or county shall be allowed 


to become indebted for any purpose 
or in any manner, to an amount which, 
including existing indebtedness, shall 
exceed ten per centum of the assessed 
valuation of the real estate of such 
county or city, subject to taxation as 
it appeared by the assessment rolls of 
said county or city on the last assess- 
ment for state or county taxes prior 
to the incuring of such indebtedness; 
and all indebtedness in excess of such 
limitation, except such as may now 
exist, shall be absolutely void, except 
as herein otherwise provided. No 
country or city whose present indebtr 
edness exceeds ten per centum of the 
assessed valuation of its real estate 
subject to taxation shall be allowed 
to become indebted for any further 
amount until such indebtedness shall 
be reduced within such limit.” 

At the time of the original adoption 
of this provision in 1884, as well as at the 
time of its re-adoption In 1894, and sub- 
sequently and until after the passage of 
the special franchise tax law of 1899, no 
special franchises were assessed for pur- 
poses of taxation in any city of this 
State. They first appear on the City’s 
assessment rolls in 1901. At the time of 
the passage of the special franchise tax 
law “real estate” had a definite, fixed, 
technical meaning. It was defined by the 
Revised Statutes as “lands, tenements 
and hereditaments,” and is still so de- 
fined by the Revised Statues. When the 
Constitution was passed, personal prop- 
erty, although tangible, was excluded 
from the basis for the calculation of the 
debt limit, and special franchises as taxed 
and as defined by the law' of 1899 is a 
new species of intangible property. Sub- 
division 3 of Section 2 of the Law of 
1899 provides: 

“The terms ‘land estate,’ and ‘real 
property’ as used in this chapter, in- 
clude the land itself above and 
under water, all buildings and 
other articles and structures, sub- 
structures and superstructures erect- 
ed upon, under or above the 
same or affixed to the same, etc., etc., 
all surface, underground or elevated 
railroads, including the value of all 
franchises, right or permission to con- 
struct. maintain or operate the same 
in, under, above or through streets, 
highways, etc., etc., and all mains, 
pipes and tanks laid or placed in, upon, 
above or under any public or private 
street or place for conducting steam, 
heat, -water, oil, electricity or any prop- 
erty, substance or product capable of 
transportation, etc., etc., including the 
value of all franchises, rights, author- 
ity or permission to construct, main- 
tain, operate, etc., etc., any mains, 
pipes, tanks, conduits, or wires, etc., 
etc., for conducting water, steam, heat, 
light, power, etc.” 

The Court of Appeals held that this law 
created 

“a new system of taxation, brought 
within its range a new character of 
property, and assigned the duty of mak- 
ing the valuation to the state board of 
tax commissioners * * * throughout 

the entire state. * * * The system 

thus created had never been known be- 
fore, and as its main subject the act 
dealt with special franchises, which , 
had never been taxed before. Prop- 
erty unknown as the subject of tax- 
ation to the framers of any of our 
constitutions was brought into the 
system, which required new methods of 
valuation and the exercise of functions 
which had never belonged to local as- 
sessors. The property was sui generis, 
and from its nature could not be 
valued by local assessors. * * * 

The valuation of special franchises had 
never been attempted before, but pre- 
sented a new field of action and called 
for the exercise of new and different 
functions. They could not be seen, 
handled, measured, weighed or counted. 
They were specialt:es, and had no mar- 
ket value. There were no sales to 


guide, and no experience from owner- 
ship, rental or use to rely upon. The 
new property is real estate in name 
but not in reality, for it is a mere 
privilege to do something in public 
streets and places not permitted to 
citizens generally.” 

It will be noted that the definition 
which includes special franchises iu 
“lands,” “real estate” and “real prop- 
erty” is given “as used in this chapter.” 
The point is now raised that the term 
“real estate” as used in the special fran- 
chise law is not the term “real estate” 
as used in the Constitution; that the 
Legislature caunot enlarge the meaning 
of the Constitution directly by the attri- 
bution of new meanings to terms used 
in the Constitution, nor indirectly by the 
attribution to the Constitution of new 
meanings adopted by the Legislature for 
purposes within its power but not 
referred to in the act or foreseen 
by the Constitution. If this contention 
be correct, then the assessed value of 
real estate as of July 6, 1908, will have 
to be reduced by the amount of $492,- 
490,470, thus reducing the basis of the 
calculation for the determination of the 
City’s borrowing capacity by 10 per cent, 
of such sum, or $49,249,047. This is a 
matter of vital importance, and as it is 
answered in one way or the other, must 
determine the immediate future course 
of the municipal authorities in respect 
of the further issue of corporate stock. 

The questions here raised are: 

1st. Did the Legislature intend to en- 
large the City’s borrowing capacity? 

2nd. If such was its Intention, had it 
the power to carry such intention into 
effect? 

The questions involved have been 
passed upon but once, and by Appellate 
Division — Kronsbein vs. Rochester, 76 
App. Div. 494 — which does not seem to 
have been considered with a view to the 
full consequences of the decision in their 
relation to the fundamental purpose of 
the Constitution. 

There can be no question about the 
pow r er of the Legislature to prescribe 
the method for determining the borrow- 
ing capacity of the city, provided such 
prescription is not obnoxious to the Con- 
stitution in that it would permit an ex- 
tension of the municipal borrowing ca- 
pacity beyond the 10 per cent, limit. That 
the Legislature has power to settle all of 
these questions, and to make it Im- 
possible In the future that there should 
be any doubt as to how the City’s bor- 
rowing capacity shall he calculated, and 
incidently thereto as to whether any Is- 
sue of bonds is or is not invalid, is be- 
yond doubt. Such being the case, we are 
of the opinion that the Legislature 
should be asked to pass a law' applicable 
alike to all cities of the State, but in 
any event applicable to The City of New 
York, which should require the statement 
to be made as follows: 

1. To include all assessment bonds due 
and outstanding, without deduction there- 
from oE amounts due the City on account 
of property benefited. 

2. To include all outstanding revenue 
bonds issued for account of all taxes 
which shall have remained unpaid for 
more than two years. 

3. To include an adequate estimate 
for all claims against the City in course 
of settlement, or which may be reduced 
to judgment in pending suits to which the 
City is defendant, and which claims or 
judgments are not payable out of the 
proceeds of revenue bonds. 

4. To include the maximum estimated 
cost to the City, including interest and 
all legal costs, fees, disbursements and 
expenses of the acquisition by the City 
of all real estate at the date of such 
statement, in actual course of condem- 
nation; all aw'ards made in condemna- 
tion proceedings and payable by the City, 
where such awards remain unpaid; and 
all aunts to be paid under contraets 
for purchase without condemnation. 

5. To include the aggregate of 


16 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


contracts which have been duly awarded 
and sighed by the head of any depart- 
ment, • whether the same shall or shall 
not have been certified by the Comp- 
troller. 

6. To make no deduction from the 
City’s indebtedness on account of cash in 
the City Treasury, proceeds of the sale 
of corporate stock or bonds, other than 
revenue bonds and special revenue bonds, 
where such cash is mingled with other 
cash in the treasury and has not been 
specifically appropriated and set aside 
for the purposes of the account for 
which the slock or bonds of which such 
cash is the proceeds were issued. 

7. To make no deduction on account of 
any uninvested cash in any of the sinking 
funds. 

8. To make no deduction of the 
amount of any bonds of the city held 
by any of the sinking funds, which bonds 
are by constitutional provision exempt- 
ed from the calculation of the city's 
borrowing capacity. 

If the Constitution did not mean that 
special franchises should be used as a 
basis for calculating the city’s borrow- 
ing capacity, then the Legislature will 
have no power to permit the continu- 
ance of the present practice; but on 
the other hand, the Legislature would 
have the power.as we are advised, if it 
saw fit. itself to solve the question by 
providing that in estimating the borrow- 
ing capacity of the city such special 
franchise assessments should not be 
used as a basis of calculation. 

We are of the opinion that 
when the borrowing capacity of 
the city has been so nearly exhaust- 
ed as it appears at the present 
time to be, whatever bororwing capacity 
remains should be treated purely as a 
factor of safety. That the City is in its 
present condition, and that the borrowing 
capacity is at the moment so limited, is 
manifestly due, among other things, to 
the fact of the City’s failure to collect its 
taxes and assessments. There -was due 
the City as of November 1st, for unpaid 
taxes and assessments for the year 1906 
and prior years, the following: 


Real estate taxes $9,418,708 

Special franchise taxes 17,964,830 


Personal property taxes 32,346,52S 

Assessments (to date) about.... 26,000,000 


$85,730,066 

There should be no doubt about the col- 
lection of the arrears of real estate taxes. 

There should be no doubt about the 
collection of part of the special fran- 
chise taxes, but how much is entirely 
problematical. 

It is impossible to say how much of the 
personal property taxes can ever be col- 
lected. As a matter of fact, during the 
past year over $9,000,000 of personal 
property taxes have been written off the 
books as uncollectable, which sum is not 
included in the foregoing figures. 

If the collectable arrears of taxes and 
assessments were actually in the City 
Treasury at the present moment, the 
City’s financial necessities would be re- 
lieved to that extent. 

All of which is respectfully submitted. 

WILLIAM M. IVINS, 

Chairman, N. Y. Charter Commission. 

E. R. L. GOULD, 

Chairman, Committee on the Debt Limit. 

GEORGE L. DUVAL; 

GEORGE McANENY. 

HERMAN A. METZ, 

• Comptroller. 

New York, January 22, 1909. 
To the Governor: 

Sir: 

Since the communication to you of the 
New York Charter Commission’s Commit- 
tee on Debt Limit, dated December 12, 
1908, we have made a further investiga- 
tion of certain items of the City’s ac- 
counts, and the result bears so directly 
upon the matter of the City’s borrowing 


capacity under the present constitutional 
limitation that we regard it our duty to 
lay the facts before you now, while con- 
stitutional amendment and the method of 
calculating the City’s indebtedness are 
under consideration. 

In the financial statement furnished to 
the Charter Commission by the Comp- 
troller in June last, the sum of $51,000,- 
000 appeared as uncollected taxes of the 
year 1904 and years prior thereto, against 
which only $9,000,000 of revenue bonds 
were outstanding, and all of the City’s 
obligations for appropriation purposes 
had apparently been discharged except as 
to some $5,000,000 of claims then pending 
and in process of adjudication. Thus, the 
City had used $37,000,000 for appropria- 
tion purposes which was derived from 
some undisclosed source. 

It was attributed by the Comptroller's 
office to “trust funds, etc.,” meaning 
thereby “special and trust funds,” a term 
employed in the Department to describe 
the unexpended credit balances of various 
accounts, but no more specific explana- 
tion could be given without an exhaus- 
tive examination of the accounting, ex- 
tending back over manv years. 

For obvious reasons it would entail 
much additional labor and expense to take 
as a basis for the inquiry an intermedi- 
ary statement of the Comptroller, such 
as that of May 31, 1908, and as the same 
purpose will be served by taking an an- 
nual statement as the basis, we have 
taken that of December 31, 1907 (say 
January 1, 1908). We treat of round 
amounts only, as that will suffice to illus- 
trate the facts and principles to which 
your attention is respectfully directed: 

Uncollected taxes, December 31, 

1907 $102,800,000 

This amount included an esti- 
mate of taxes probably uncol- 
lectable, which amount was 
carried to the credit of a 
provisional account * 3,500.000 


Leaving available for appro- 
priation purposes $99,300,000 

which with cash in the Treas- 
ury at that time 7,500,000 


formed a total of $106,800,000 

subject to deduction 
for warrants out- 
standing against the 
City treasury . ... . .$10,000,000 
for claims unsettled 
partly in process 
of adjudication. .. .$18,000,000 

$28,000,000 


So that the City had used for 
appropriation purposes 
which should have been de- 
rived from the uncollected 
taxes 

Against this, revenue bonds 
were outstanding to the ex- 
tent of 

The City has thus spent in 

round figures 

more than it had apparently 
received, and it now appears 
that this deficiency was made 
good by the use of Special 
and Trust Funds as follows: 

1. Assessment Accounts — com- 

prising funds acquired by the 
City through the sale of 
bonds for street and park 
openings, as well as collec- 
tions made on this behalf 
from interests benefited 

2. Trust Funds proper, includ- 

ing a bequest to the City for 
construction of a fountain, 
various intestate estates and 
unclaimed warrants and sal- 
aries 

3. Special Account, including 

deposits made with the City 
against its liability for re- 
storing and repaving streets, 
and the unliquidated balance 
of the Brooklyn water 
fund 


$78,800,000 

53,000,000 

$25,800,000 


$1,900,000 

680,000 

3.800, 00C 


4. Boroughs. — The balance at 

the credit of this account 
arises from the assets re- 
ceived from the several Bor- 
oughs at the time of the con- 
solidation, as far as real- 
ized, in excess of the pay- 
ments made on account of 
the liabilities of the various 
Boroughs assumed bv the 
City. This account is 
chargeable with the interest 
upon the bonded debt of the 
different Boroughs, and to 
some extent has been 
charged with the payment of 
the maturing bonds This 
practice, however, has been 
variable, and both the prin- 
cipal and interest of the 
Borough bonds are fre- 
quently provided for by tax- 
ation $1,500,000 

5. Excise Funds. — These funds, 

recovered in 1907. after the 
payment of several of the 
pension appropriations 
chargeable against them 
were carried forward into 
the following year, when 
after further deductions 
for the teachers’ retirement 
fund, etc., they were carried 
into 'the general fund for the 
reduction of taxation, but in 
the meantime, being merged 
in the common fund in the 
City Treasury, weite used by 
the City for its general pur- 
poses 5 , 100,000 


$12,980,000 

6. General Fund balance. — Ex- 
cess of collection over the 
estimated revenues which 
were deducted from the bud- 
get of 1907, which until de- 
ducted from the budget of 
the following year was avail- 
able for general purposes... 

7. Bond Accounts — Balance un- 

expended to the credit of 
the various accounts to 
which have been allotted the 
proceeds of the sale of bonds 
f„r specific purposes, and not 
for the general purposes of 
the Treasury 

8. Bond Accounts unallotted. — 

Being balances to the credit 
of various provisional ac- 
counts, the proceeds of sales 
of bonds not yet allotted to 
the specific account to which 
they belong 


Total $25,630,000 


650,000 


7,200,000 


4,800,000 


(Note: The difference between this to- 
tal and that of $25,800,000 given above is 
accounted for by the fact that only 
round amounts are dealt with.) 

Some part of the $25,630,000. is un- 
doubtedly a surplus, 1. e., a provision has 
been made for the use of many of the 
several accounts referred to in excess of 
their requirements. To the extent of such 
surplus the use of those funds will not 
practically affect the statement of the 
City’s debt, but it is impossible to de- 
termine to just what extent such a sur- 
plus will be shown. 

It would seem that items 1, 2, 3, 4 and 
7 are such as not only to fall within the 
spirit, but within the letter, of the Con- 
stitution, and should be treated as in- 
debtedness for the purposes of the con- 
stitutional requirement. They aggregate 
in round figures $13,580,000, and would 
extinguish the margin of borrowing ca- 
pacity as shown in our report to you of 
December 12, 1908, as of the condition of 
the City’s indebtedness on November 1, 
1908. 

As to the other items, there may be 
some doubt as to their proper treatment, 
but they would appear to be properly at- 
tributable to the surplus above referred 
to. 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


17 


This practice of keeping in a common 
fund all of the City’s moneys, from what- 
ever source derived, and making all dis- 
bursements from that fund, is responsi- 
ble for the conditions above set forth. 
The practice dating back, however, for 
many years, has become traditional, but 
on .November 12. 1904, a change was made 
in the method of bookkeeping which tends 
to further confusion, and has resulted in 
the deduction since that time from the j 
statement of the City’s indebtedness of 
the balance of unallotted proceeds from 
the sale of bonds. Prior to November 12, 
1904, the practice was to credit directly 
to the account for the benefit of which 
the bonds were issued the proceeds of 
their sale. This Implied either a separate 
sale of a part or the whole of any one 
issue authorized, or the Immediate allo- 
cution of the proceeds of a general sale 
of bonds. The credit balances formerly 
appearing in the specific accounts to 
which the proceeds of the bonds were 


credited were not deducted from the City 
debt, but on the other hand the contract 
and land liability affecting those bal- 
’anc'S was not included In the City debt. 
The present practice, dating from 1904, 
is to credit the proceeds of bond sales 
to either of the following provisional ac- 
counts: 

Proceeds of the sale of bonds for vari- 
ous municipal purposes; 

Proceeds of the sale of bonds for water 
purposes; 

Proceeds of the sale of bonds for 
rapid transit purposes: 

Proceeds of the sale of bonds for New 
York Public Library. 

The three accounts first named each 
cover several subdivisions, and as the 
funds are required bv either subdivisions 
an allotment is made. The balances unal- 
lotted, whether or not the entire contract 
and land liability outstanding against 
them be included as a pjirt of the debt, 
are deducted from the City's debt in the 


method of computation at present pre- 
vailing, except the balances at the credit 
of “water purposes,’’ because the bonds 
for those purposes are exempt by law 
from the debt limit. It is apparent that 
such deduction from the City debt may 
at any time be excessive, assuming that 
it be authorized at all. As a matter of 
fact, the deduction from the debt on De- 
cember 31, 1907, seems to have been en- 
tirely unwarranted, as it was not repre- 
sented by cash in the treasury. At that 
time, the warrants outstanding against 
the treasury amount to some $10,000,000 as 
against the cash balance of $7,500,000, or 
an overdraft of nearly $2,500,000. 

All of which is respectfully submitted. 

WILLIAM M. IVINS, 
Chairman, New York Charter Commis- 
sion. 

E. R. L. GOULD, 

Chairman, Committee on the Debt Limit, 

G. L. DUVAL. 

GEORGE McANENY. 


APPENDIX I. 


Synopsis of Charter 


CHAPTER I. 

CONSTITUTION, BOUNDARIES. BOR- 
OUGHS, RIGHTS, POWERS, OB- 
LIGATIONS AND ACTIONS. 

. Sec. 1. The city continued as a mu- 
nicipal corporation. 

2. The corporate name and corpo- 

rate powers of the city. 

1. To take, purchase and lease 
real and personal property. 

2. To take real and personal 
property by gift or bequest, 
and to agree on the terms 
and conditions with the 
grantor or donor. 

3. The common seal. 

4. To contract, sue and be 
sued.. 

5. To have all powers neces- 
sarily implied which are es- 
sential to the exercise of its 
corporate functions. 

6. To be no abridgment of the 
rights, powers or privileges 
of the city. 

3. Powers of local administration 

and government vested in 
the city. 

4. The legal obligations of the 

, city confirmed. 

5. Definitions: "city,” "per- 

son,” "officer,” “employee,” 
"councilman,” "franchise,” 
"street,” "Port of New 
York,” "administrative 

code,” "water front prop- 
erty.” 

6. City's rights and title in water 

front, parks and streets to 
be inalienable. 

7. Franchises; how granted. 

8. Consents and agreements to the 

exercise of franchises to be 
made by the Board of Esti- 
mate and Apportionment. 

9. Confirmation of grants of land 

under water. 

10. Provisions regarding future 

grants of land under water. 

11, 12. Actions against the city. 

13. How unexecuted centraets to 

be performed. 

14. City and departmental seals. 

15. Borough boundaries. 


CHAPTER n. 

GENERAL PROVISIONS REGARDING 
THE DUTIES OF OFFICERS. 

Sec. 16. Officers, boards, commissions 
and employees declared 
trustees. 

17. Penalty for violation of trust. 

18. Officers or employees not to be 

interested in contracts, and 
not to be stockholders in 
corporations having con- 
tracts with the city. 

19. No expenses to be incurred un- 

til the appropriations have 
been made. 

20. Expenditures to be regulated 

so as not to exceed the 
amount appropriated. 

21. 1. No officer or employee to 

hold any other public office 
or emolument. 

2. Or to be trustee in bank- 
ruptcy, receiver, referee or 
commissioner in condemna- 
tion proceedings. 

3. If nominated for elective of- 
fice to resign from the city's 
service. 

4. Not to contribute to politi- 
cal, funds or be members of 
organizations created for 
the purpose of effecting leg- 
islation in their own behalf. 

5. Not to bo officers of political 
committees or delegates to 
conventions. 

22. Office to become vacant when 

incumbent removes from the 
city or from the borough for 
which he was appointed. 

22. Mayor, president of council, 
comptroller and borough 
presidents to be removable 
by the Governor. 

24. Elective officers who shall have 

been removed not eligible 
for reappointment for the 
same term. 

25. In case of vacancy, persons ap- 

pointed to fill the office to 
be of the same political 
party as last incumbent. 

26. No officer or employee to re- 

ceive fees or emoluments. 


CHAPTER in. 

THE COUNCIL. 

Sec. 27. Legislative power vested in the 
council. 

28. The president; term and salary. 

29. Vacancy in presidency; how 

filled. 

30. Council, how composed; its or- 

ganization; heads of depart- 
ments to have seats in coun- 
cil; councilmen to serve 
without salaries. 

31. Council districts: 14 in Manhat- 

tan, 11 in Brooklyn, 6 in The 
Bronx, 5 in Queens^ and 3 in 
Richmond; apportionment. 

32. Councilmen; when and how 

elected. 

33. Sessions of the council. 

34. General powers of the council. 

35. Power of the council to amend 

administrative sode. 

36. Ordinances; how passed. 

37. Ordinances; passage ever veto. 

38. Present ordinances continued. 

39. Ordinances to be codified. 

40. Council not to alter the terms 

of contracts, and not to al- 
low claims against the city. 

41. Powers of council with regard 

to budget and tax levy. 

42. Council to appoint commission- 

ers of deeds. 

43. Council may appoint special 

committees to Investigate 
city government. 

CHAPTER IV. 

THE EXECUTIVE. 

Sec. 44. Executive power vested in the 
mayor; eligibility; salary. 

45. Mayor; when and how elected. 

46. When the president of the 

council shall act as mayor; 
powers of the president of 
the council when acting as 
mayor. 

47. The duties of the mayor. 

48. The mayor to appoint heads of 

departments, commissioners 
of inquiry, justices of Spe- 
cial Sessions and city magt»» 


18 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


2. Sinking fund revenues not 
to be diverted. 

80. Sinking fund not to be im- 

paired. 

81. Consolidated stock to be a lien 

on the sinking fund. 

82. Provisions in case of in- 

adequacy of revenues of 
sinking fund. 

83. Power of commissioners to 

redeem obligations of the 
city. 


CHAPTER VII. 

CORPORATE STOCK, BOXUS AX'D 
OBLIGATIONS. 

Sec. 84. Obligations of the city classi- 


TITLE 2. 

FINANCE DEPARTMENT. 

Sec. 106. The comptroller; eligibility, 
election, salary and bond. 

107. Vacancy; how filled. 

108. Comptroller to be auditor and 

chief disbursing officer; sub- 
ject to rules of the board of 
estimate and apportionment, 
to prescribe forms of keep- 
ing all city accounts. 

109. Claims requiring comptroller's 

certificate before payment. 

110. Bureaus: 

1. Bureau of audit. 

2. Bureau of accounts. 

3. Bureau of disbursements. 

4. Bureau of records. 


trates, an advisory board on 
city plan, and others. 

49. Mayor to appoint municipal 

civil service commission. 

50. Mayor to appoint a commis- 

sioner of inquiry. 

61. List of administrative depart* 
ments. 


CHAPTER V. 

BOARD OF ESTIMATE AND ^APPOR- 
TIONMENT. 

Sec. 62. Board, how constituted. 

53. Borough presidents; how elect- 

ed; how removed; vacan- 
cies, how filled; salaries. 

54. Meetings of the board of esti- 

mate and apportionment. 

55. Borough presidents to devote 

their exclusive attention to 
the duties of the board of 
estimate. 

56. Votes required for passage of 

resolutions. 

57. Bureaus in the board of esti- 

mate: 

1. Bureau of Public improve- 
ments and engineering, 

2. Bureau of franchises, 

3. Bureau of real estate. 

4. Bureau of claims, 

5. Bureau of salaries, 

6. Bureau of statistics and pub- 
licity, and 

7. Bureau of supplies. 

58. Powers and functions of bu- 

reaus. 

59. Board to fix all salaries and 

compensations, other than 
that of day laborer. 

60. 61, 62. The budget; how made 

and what to provide for. 

63. What moneys to be paid into 

the general fund. 

64. Powers of the board of esti- 

mate and apportionment. 

65. The board to formulate a com- 

prehensive plan of develop- 
ment and improvement. 

66. Board may adjust claims. 

67. Board to designate banks of 

deposit. 

68. Board to prescribe standard 

in all classes of supplies. 

69. To require officers and em- 

ployees to file undertakings. 

70. To prescribe general rules for 

the form of keeping city ac- 
counts, and a uniform sys- 
tem of departmental ac- 
counting. 

71. To determine what proportion 

of cost of local improve- 
ments shall be borne by the 
city. 

72. To publish a quarterly debt 

limit statement, to be cal- 
culated as provided. 

7S. The corporation counsel to re- 
port annually to the board 
of estimate and apportion- 
ment a list of condemnation 
proceedings. 


CHAPTER VI. 

THE SINKING FUNDS. 

Sec. 74. Board of sinking fund com- 
missioners. how constituted: 
duties of the board. 

75. List and description of sink- 

ing funds. 

76. Sinking fund of The City of 

v New York continued. 

77. Revenues payable into the sink- 

ing fund of The City of New 
York. 

78. Sinking fund for the payment 

of interest. 

79. 1. Provisions for sinking funds 

declared to constitute con- 
tract between the city and 
its creditors. 


fled. 

85. Twelve votes in board of esti- 

mate required to authorize 
obligations; premiums on 
sale of such obligations to 
be paid into general fund. 

86. Definition of different classes of 

city obligations, and the 
purposes for which they may 
be issued. 

87. City obligations to be exempt 

from taxation. 

88. Form of corporate stock. 

89. Interest not to exceed 4 per 

cent, on corporate stock or 
5 per cent, on assessment 
bonds. 

90. Bonds and stock of the city to 

be sold at public sale. 

91. Registration of corporate 

stock and bonds. 

92. Assessment bonds; for what 

purposes issued. 

93. Street and park opening fund. 

94. 1. Street and park opening as- 

sessment bonds: how pay- 
able. 

2. Awards; how payable. 

95. Street improvement fund 

96. Special revenue bonds. 

97. Revenue bonds. 

98. General fund bonds. 


CHAPTER VIII. 

ADMINISTRATIVE DEPARTMENTS. 


TITLE I. : 

GENERAL PROVISIONS. 

Sec. 99. General powers of heads of de- 
partments. 

1. Board of estimate and ap- 
portionment to fix salaries. 

2. Heads of departments to 
make deductions for ab- 
sence. 

3. No officer or employee to be 
removed without an oppor- 
tunity of being heard. 

100. L Appointment of deputies to 

act in absence of commis- 
sioners. 

2. Appointment of borough 

deputies. 

3. Deputies to perform duties 
as prescribed by heads of 
departments. 

101. When officers may call and ex- 

amine witnesses. 

102 Jurisdiction and powers of de- 
partments continued; heads 
of departments to prescribe 
duties of officers and em- 
ployees, and to adopt rules 
and regulations; what 
rules and regulations con- 
tinued. 

103. Board of estimate and appor- 

tionment may authorize the 
establishment of branch 
offices in boroughs. 

104. Pension funds continued. 

105. Definitions. 


TITLE 3. 

THE CITY TREASURY. 

Sec. 111. Chamberiain to be city and 
county treasurer; to pay all 
warrants. 

112. Bureaus: 

1. Bureau of the city treasury. 

2. Bureau of revenue, the head 

of which shall be known as 
receiver of taxes and 
revenues. 

3. Bureau of licenses, the head 

of which shall be known as' 
chief of the bureau of 
licenses. 

113. What provisions of the Code of 

Civil Procedure applicable to 
chamberlain. 

114. Duties of chamberlain as pre- 

scribed by general laws. 

TITLE 4. 

TAX DEPARTMENT. 

Sec. 115. Board of taxation; how consti- 
tuted. 

116. Deputy tax commissioners. 

117. Duties of tax department. 

118. Powers o f tax department. 

119. The assessment roll for real 

property. 

120. The assessment roll for per- 

sonal property. 

121. Form of assessment rolls. 

122. Assessment rolls to be open to 

inspection. 

123. Applications to reduce assess- 

ments. 

124. When the department may re- 

duce or cancel assessments. 

125. When assessments may be 

added to the assessment roll. 

126. Certification of assessment, rolls 

to council. 

127. Tax roll. 

128. Taxable status to be fixed as of 

January first of each year. 

129. Taxes to become due October 

first of each year. 

130. Assessments may be appor- 

tioned. 

131. What shall bo deemed public 

notice of assessments for 
purposes of taxation. 

TITLE 5. 

LAAV DEPARTMENT. 

Sec. 132. 133. The corporation counsel; 

his duties. 

134. He shall have power to settle 
actions or confess judgment 
not in excess of $1,000. 

135. First assistant corporation 
counsel; duties of. 

136. Corporation counsel and his as- 

sistants not to practice law 
except as representing the 
city. 

137. Bureaus. 

138. Branch office in Brooklyn. 

139. Officers and employees of the 

city not to employ private 
counsel. 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


19 


TITLE 6. 

POLICE DEPARTMENT. 


Sec. 140. 


141. 

142. 
142. 


144. 

145. 

146. 

147. 

148. 


149. 

150. 

151. 


152. 


153. 


154. 

155. - 


Pollce commissioner; eligibil- 
ity, term, and method of re- 
moval. 

Commissioner to appoint four 
deputies; their duties, 

Commissioner to appoint a trial 
deputy; his duties. 

Commissioner to make rules, 
orders and regulations for 
the discipline of the force. 

Police force continued. 

Bureaus. 

Powers of the commissioner. 

Contingent fund. 

Duties of commissioner and 
members of police force as 
peace officers. 

Power to arrest without war- 
rant. 

The department to co-operate 
with the other departments. 

Members of police force not 
liable to military or jury 
duty. 

Resignation of members; ab- 
sence without leave; fines 
and penalties. 

1. Penalty for neglect, ineffi- 

ciency, violation of rules, 
disobedience of orders, 
etc. 

2. Notice of charges to be 

given. 

3. Commissioner to adopt trial 

rules, to be approved^, by 
Appellate Division of Su- 
preme Court. 

4. Trials; how conducted. 

5. Place of trial. 

6. Power of suspension pend- 

ing trial. 

Review of trials. 

Age of retirement. 


TITLE 7. 


179. Exemption of fire force from 

military and jury duty. 

180. Conditions of resignation. 

181. Trials to be had before second 

deputy. 

182. Appeals from trial by deputy- 

commissioner. 

183. Age of retirement. 


TITLE 9. 


DEPARTMENT OP EDUCATION. 


Sec. 184. 
1S5. 


186. 

187. 


183. 


189. 

190. 


191. 


192. 

193. 

194. 

195. 

196. 


197. 

198. 

199. 

201 . 


Existing board of, education 
abolished. 

Rights, powers and trusts of 
old board vested in new 
board. 

Schools to be free. 

All educational property to be 
under control of depart- 
ment. 

Board to consist of fifteen 
members; appointment and 
term of office. 

Vacancies, how filled. 

The board to appoint adminis- 
trative and supervising 
staff. 

How members of administra- 
tive and supervising staff 
may be removed. 

Powers of the board. 

Board of superintendents. 

Members of the teaching staff. 

Appointments and promotions. 

Board to report to State Super- 
intendent of Public Instruc- 
tion annually. 

Board shall appoint local 
school boards. 

Prohibition of sectarian teach- 
ing. 

200. College of The City of 
New York. 

Normal College of The City of 
New York. 


HEALTH DEPARTMENT. 


Sec. 156. 

Health commissioner to be 
executive officer. 

157. 

Jurisdiction. 

158. 

Duties. 

159. 

Powers. 

160. 

Bureaus. 

161, 

162. The Sanitary Code. 

163. 

Department to have charge of 
hospitals for contagious dis- 
eases. 

164. 

Powers of department in case 
of imminent peril to public 
health. 

165. 

Power to destroy adulterated 
food. 

166. 

Office of coroner abolished. 

167. 

Department of health to have 


exclusive charge of autop- 
sies heretofore performed 
by coroners. 

168. Chief medical examiner and 

medical examiners; qualifi- 
cations. 

169. Duties of chief medical exam- 

iner and medical examiners. 

170. When autopsies to be per- 

formed upon the order of a 
city magistrate. 

171. When inquest to be held by 

city magistrate. 

172. Definition of “lodging house.” 

TITLE 8. 

FIRE DEPARTMENT. 

Sec. 173. General duties and jurisdiction. 

174. Powers of the commissioner. 

175. 1. Deputies. 

2. Trials of members of the 
fire force. 

176. Fire force continued and de- 

fined. 

177. Bureaus. 

1*5. Eligibility of members ol the 
fire force. 


TITLE 10. 

DEPARTMENT OF DOCKS AND 
FERRIES. 

Sec. 202. General powers of commis- 
sioner. 

203. Duty of commissioner to set 

apart water front and wharf 
property for particular pur- 
poses. 

204. Commissioner to execute ferry 

leases. 

205. Commissioner to operate fer- 

ries. 

206. Functions and powers of com- 

missioner with regard to 
improvement of water front. 

207. Definitions. 


TITLE 11. 

PARK DEPARTMENT. 

Sec. 208. Park board continued. Com- 
missioners and their duties. 

209. General jurisdiction. 

210. Duties of park commissioners. 

211. Property granted or donated 

for special purposes in the 
parks to be managed iu ac- 
cordance with the terms of 
the grant. 

212. Control of the Harlem river 

water front transferred to 
the dock department. 

213. Duties of commissioners in 

maintenance and control of 
parks. 

214. Commissioners to continue 

contracts with Metropolitan 
Museum of Art, American 
Museum of Natural History, 
and other institutions in 
narks in all boroughs. 


TITLE 12. 

DEPARTMENT OF WATER SUPPLY. 

Sec. 215. General jurisdiction of the 
commissioner. 

216. Powers of the commissioner. 

217. Power of the commissioner to 

contract. 

218. Duties of the commissioner. 

219. For what commissioner shall 

be responsible. 

220. Reservoirs to be subject to 

sanitary regulations. 

221. Powers of State Water Supply 

Commission not impaired. 

222. Office of aqueduct commissioner 

abolished. 

223. Powers of commissioner of 

water supply, gas and elec- 
* tricity with respect to water 
supply continued. 

TITLE 13. 

DEPARTMENT OF STREET CONTROL 

Sec. 224. Jurisdiction and powers of 
commissioner. 

225. Commissioner to have no juris- 

diction over park or water 
front property. 

226. When commissioner authorized 

to grant permission to open 
streets. 

227. Department of street cleaning 

abolished. 

Sec. 228. Bureaus: 

1. Bureau of street cleaning. 

2. Bureau of highways. 

3. Bureau of sewers. 

4. Bureau of gas and eleo- 

tricity. 

5. Bureau of public build- 

ings. 

6. Bureau of incumbrances. 

229. Employees exempt from mili- 

tary and jury duty. 

230. Contracts for removal ot ashes 

and garbage. 

231. Street pavements and surfaces 

not to be disturbed. 

232. Sewage disposal works. 

233. Commissioner to employe con- 

sulting engineer. 

TITLE 14. 

BRIDGE DEPARTMENT. 

Sec. 234. General jurisdiction and. -(pow- 
ers. 

235. Bridges to be publicsdiighways. 

TITLE 15. 

BUILDING DEPARTMENT. 

Sec. 236. The commissioner; qualifications 
and general jurisdiction. 

237. Borough bureaus. 

238. Powers. 

239. Power of commissioner, depu- 

ties and superintendents to 
enter and inspect buildings. 

240. Powers with regard to ordi- 

nance relating to construc- 
tion of buildings. 

241. Powers of superintendent Of 

buildings in the matter of 
construction and materials; 
appeals from decision of the 
superintendent. 

242. Officers and employees of the de- 

partment not to be engaged 
in certain businesses. 

TITLE 18. 

TENEMENT HOUSE DEPARTMENT* 

Sec. 243, 244. Duties of commissioner. 

245. Bureaus. 

246. Borough officers and bureaus. 

247. Powers of commissioner over 

tenement houses Infected 
with contagious diseases. 

248. When commissioner may con- 

demn. 

249. Definitions. 


20 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


TITLE 17. 

CHARITIES DEPARTMENT. 


Sec. 250. 

General jurisdiction and duties 
of the commissioner. 

251. 

When commissioner may re- 
ceive and treat non-resi- 

f * 

dents in public institutions. 

252. 

Commissioner to have charge 
and control of hospitals, 
almshouses, etc. 

253. 

Visitatorial powers of the com- 

r • 

missioner. 

254. 

Definitions. 


CHAPTER IX. 

ASSESSMENTS FOR LOCAt IM- 
PROVEMENTS AND AWARDS FOR 
CHANGES OF GRADE. 


TITLE 18. 

DEPARTMENT OF CORRECTIONS. 


Sec. 255. General jurisdiction and pow- 
ers of the commissioner. 

256. Penitentiary to be removed to 

Riker’s Island. 

257. Jurisdiction of commissioner 

over Rlker's and Hart’s Is- 
lands. 


TITLE 19. 

BELLEVUE AND ALLIED HOSPITALS. 

Sec. 258. Board of trustees continued. 

259. Board; how constituted and ap- 

pointed. 

260. Powers and duties of the board. 

261. When non-residents may be 

treated in hospitals under 
jurisdiction of the board. 

262. When patients may be trans- 

ferred to the care of the 
charities commissioner. 

263. Bellevue Training School for 

Nurses. 

264. Medical boards; how const! - 

. tuted. 


•Sec. 265. Assessment defined. 

Board; how constituted. 

Duties of board., 

Limit of assessment; for what 
assessments shall not be im- 
posed. 

Board of revision, and powers 
of board. s 

Suits to vacate assessments. 


265. 

266. 

267. 

268. 


269. 


CHAPTER X. 

LOCAL BOARDS. 

Sec. 271. Local improvement boards; how 
constituted. 

272, 273, 274, 275. Powers of local 
boards. 


CHAPTER XI. 

ACQUISITION OF REAL PROPERTY 
FOR PUBLIC PURPOSES. 


Sec. 276. Real property to be acquired 
only on approval of board 
of estimate, for public pur- 
poses. 

277. Board of estimate to prescribe 

general rules for the pur- 
chase of real property for 
public purposes. 

278. How property shall be acquired 

for public purposes. 

■ , 279. When title shall pass to the 

city. 

280. How awards shall be collected 

against the city. 

281. Definition of "real property.” 


CHAPTER XII. 

MUNICIPAL CIVIL SERVICE COM- 
MISSION. 

Sec. 282. All appointments of persons in 
the public service to be 
made in accordance with the 
provisions of the civil serv- 
ice law. 

283. Powers of municipal civil serv- 

ice commission. 

284. No salaries to be paid except 

on certificate of civil service 
commission. 

285. Officers and employees of de- 

partments abolished to be 
placed on reserve list. 

CHAPTER XIII. 

INFERIOR LOCAL COURTS. 

TITLE 1. 

THE CIVIL COURTS. 


Sec. 286. 
287. 


Sec. 288. 
289. 


290. 


291. 


Sec. 292. 

293. 

294. 

295. 


City Court continued. 

Municipal courts. 

TITLE 2. 

CRIMINAL COURTS. 

The city divided into two di- 
visions. 

Court of Special Sessions and 
City Magistrates’ Courts for 
each division continued. 

Number of Justices in each di- 
vision. 

Salaries and terms. 

CHAPTER XIV. 

ART COMMISSION. 

How constituted. 

Vacancies, how filled. 

Members to serve ■without com- 
pensation. 

296. When approval of the com- 
mission required in respect 
of works of art. 


APPENDIX II. 


An Act to Provide a Charter for the City of New York 


CHAPTER I. 

f . ' . . 

Constitution, Boundaries, Boroughs, 
Rights, Powers, Obligations 
and Actions. 

■ The Teople of the State of New York, 
represented in Senate and Assembly, do 
enact as follows: 

Section 1. The City of New York as 
constituted immediately prior to the time 
this act takes effect is continued as a 
municipal corporation with its then ex- 
isting territory and boundaries. This act 
may be cited by the short title “The New 
York City Chartor.’’ 

Sec. 2. The corporate name of the city 
shall oontinue to- be "The City of New 
Y'ork,” and under that name the citizens 
of the state of New York from time to 
time inhabitants of the territory com- 
prised within the boundaries of the city 
shall continue to be a body politic and 
corporate and a municipal corporation in 
perpetuity, in law and in fact, with power 
of perpetual succession, subject to all ex- 
isting legal obligations, without diminu- 
tion or enlargement, and with all of the 


rights, properties. Interests, claims, de- 
mands, grants, powers, duties, privileges 
and jurisdictions now held by The City of 
New York. Subject to the provisions of 
this act, the city shall have power: 

1. To take, purchase, hold, lease, sell 
and convey such real and personal prop- 
erty as the purposes of the corporation | 
may require: 

2. To take by gift, grant, bequest and 
devise: to hold real and personal prop- 
erty absolutely or in trust for any public 
use, including education; art, ornament, 
health, charity or amusemen*, parks, gar- 
dens, or the erection of statues, monu- 
ments, buildings or other structures upon 
such terms or conditions as may be pre- 
scribed by the grantor or donor end as 
may be accepted by the city; and to pro- 
vide for the proper administration of 
such property: 

3. To have, use and alter the common 
seal; 

4. To contract and be contracted with, 
to sue and be sued, aud to institute, 
prosecute, maintain and defend any ac- 
tion or proceeding; 

5. To have and exercise all rights, priv- 
ileges and jurisdiction essential to the 
proper exercise of its corporate functions, 
including all that may necessarily be in- 


cident to, or implied from the powers spe- 
cifically conferred upon the city; 

6. To have and exercise all rights, 
privileges, functions and powers pre- 
scribed under existing or subsequent 
laws. Nothing herein contained shall be 
construed to limit or abridge any of the 
rights, powers or privileges possessed by 
the city at the time this act takes ef- 
fect, all of which are hereby continued 
and confirmed. 

Sec. 3. All powers of local administra- 
tion and government within the territory 
comprised within the city shall be in and 
be exercised by The City of New York. 
Except as herein otherwise provided, the 
council as in this act constituted shall 
exercise all the powers vested in the 
corporation of The City of New York. 

Sec. 4. All valid and lawful charges and 
liabilities now existing against the City 
of New’ York as constituted at the time 
this act takes effect shall be defrayed 
and answered unto by the city only to the 
extent to which The City of New York 
as constituted at the time this act takes 
effect would have been bound, if this 
act had not been passed. 

1. All bonds, stocks, contracts and ob- 
ligations of the municipal and public cor- 
porations and parts thereof united and 
consolidated by chapter three hundred 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


21 


and seventy-eight of the laws of eighteen 
hundred and ninety-seven, and the acts 
amendatory thereof to form The City of 
New York, which in said acts were de- 
clared to be obligations of The City of 
New York and which, at the time this act 
takes effect, exist as legal obligations of 
said city, shall be deemed like obliga- 
tions of the city as herein continued; and 
all such obligations as are authorized or 
required hereafter to be issued or en- 
tered into shall be issued or entered into 
by or in the name of the corporation of 
The City of New York. 

2. All laws or parts of laws heretofore 
passed creating any debt or debts of the 
said municipal and public corporations 
and parts thereof, or providing for or 
relating to the payment of such debts, 
and every such law respecting the debts 
of The City of New York as constituted 
immediately prior to the time this act 
takes effect, shall remain in full force. 

3. All pledges, taxes, assessments, sink- 
ing funds and other revenues and securi- 
ties heretofore provided by law for the 
payment of any and all debts of the city, 
shall be enforced, maintained and carried 
out by the city in good faith. So far as 
taxation may be authorized to pay such 
debts or any of them, it shall extend 
equally throughout the city, except that 
all assessments for benefits heretofore 
laid, or provided to be laid, for the pay- 
ment of any portion of such debts, shall 
be preserved and enforced. 

Sec. 5. Unless otherwise expressly 
stated, whenever used in this act: 

1. “City” means The City of New York 
as continued by this act; 

2. “Person” includes a natural person, 
corporation, company, association, joint 
stock association, firm and copartnership; 

3. “Officer” includes all persons elected 
to office by the qualified voters of the 
city or any division thereof; the heads of. 
departments and their deputies; the 
members of the board of education and 
of all other boards and commissions ap- 
pointed by the mayor; the commissioner 
of inquiry and his deputies; the several 
assistant corporation counsel; the super- 
intendents of buildings; the superintend- 
ent of police; the members of the local 
school boards and of the administrative 
and supervising staffs of the board of ed- 
ucation named in section one hundred and 
ninety hereof, other than the persons 
therein referred to as emnloyees; the citv 
clerk, the chief of the fire department, 
and their deputies; the chiefs of bureaus; 
the justices of the courts of special ses- 
sions and city magistrates. The board of 
estimate and apportionment may by reso- 
lution designate any other person an of- 
ficer, and when so designated, such per- 
son shall be deemed an officer within the 
meaning of this section; 

4. “Employee” includes every person 
other than an officer as hereinabove de- 
fined whose salary or compensation is 
paid out of the city treasury; 

5. "Councilman” means a member of 
the council other than the president; 

6. “Franchise” means any privilege, 
consent or agreement to use the streets, 
parks, waters, waterways, rivers, the 
water front, and land thereunder, or any 
public ground or water which is within 
or belongs to the city, or any of them or 
any part thereof, for the construction, 
operation, or maintenance in, along, upon, 
across, above or under the surface there- 
of of railroads, conduits subways, pipes, 
and all and any other means of carriage, 
transportation or conveyance upon a fixed 
route, of persons or property, including 
any product, water, oil. gas. steam, air, 
electricity, or other fluid, element or ele- 
ments. telegraph or telephone lines; also 
ferries, bridges, tunnels or other means 
of conveying passengers or property upon, 
above, across or under any of the waters 
or waterways within the territorial lim- 
its of the city. “Franchise” as herein 
defined shall not be deemed to include a 
license or permission or privilege to mo- 
tors, automobiles, cabs, carriages, hacks, 
trucks or other vehicles for the transpor- 
tation of persons or property plying for 


hire in the streets and not following a 
fixed route or routes; 

7. “Street” includes avenue, road, alley, 
lane, highway, boulevard, concourse, 
driveway, bridge, tunnel, subway, park- 
way, and every class of public road, 
square and place, except marginal wharf; 

8. “Port of New York” Includes all the 
waters of the North river and the East 
river and the harbor embraced within, 
adjacent to or opposite the shores of the 
city; 

9. “Administrative code" means the ad- 
ministrative code of The City of New 
York enacted by the legislature; 

10. “Water front property” means all 
the wharf property, marginal wharves, 
wharves, piers, docks, bulkheads, slips 
and basins, and the waters, land under 
water, upland and made land adjacent 
thereto, within the city, together with 
the easements, uses, reversions, rights, 
privileges and appurtenances belonging to 
the same; excepting: — 

(a) Such upland or made land as con- 
stitutes a highway; 

(b) The driveway authorized by chapter 
one hundred and two of the laws of 
eighteen hundred and ninety-three and 
acts amending the same; or • 

(e) Such lands as have been or shall be 
acquired for public parks. 

Sec. 6. The rights and title of the city 
in and to its water front property, fer- 
ries, public landings, parks, streets and 
the laud thereunder, and all other public 
places and real property, are hereby con- 
tinued in the city, and are declared to be 
inalienable except as in this act other- 
wise expressly provided. 

Sec. 7. No franchise or right to use 
the streets, waters or rivers of the city 
or any part of or lands under said 
streets, waters or rivers, shall bn granted 
under the authority of this act to any 
person or corporation for a longer period 
than twenty-five years, except as herein 
provided, but a grant may, at the option 
of the city, provide for giving to the 
grantee the right on a fair revaluation or 
revaluations to renewals not exceeding in 
the aggregate twenty-five years. Nothing 
herein contained shall apply to consents 
granted to tunnel railroad corporations, 
nor to grants made pursuant to the rapid 
transit act, chapter four of the laws of 
eighteen hundred and ninetv-one or the 
acts amendatory thereof. The board of 
estimate and apportionment is hereby au- 
thorized, in its discretion, to grant a 
franchise or right to any railroad cor- 
poration to use any of the streets, waters 
or rivers for the construction and opera- 
tion of a tunnel railroad underneath the 
surface thereof for any period not ex- 
ceeding fifty years, and any such grant 
may at the option of the city provide for 
giving to the grantee the right, on a fair 
revaluation or revaluations, to renewals 
not exceeding in the aggregate twenty- 
five years, provided, however, that any 
grant to construct a tunnel railroad or 
renewal thereof, shall on'y be made after 
an agreement shall have been entered 
into by such a tunnel corporation to pay 
to the city at least three per centum of 
the net profits derived from the use of 
any tunnel which it shall construct, after 
there shall have first been retained by 
such company from such net profits a 
sum equal to five per centum upon the 
sum expended to construct such tunnel. 
At the termination of any franchise or 
right granted by the beard of estimate 
and apportionment all the rights or prop- 
erty of the grantee in the streets, waters 
or rivers shall cease without compensa- 
tion. Every grant of a franchise and 
every contract made by the city in pursu- 
ance thereof shall provide, either that 
upon the termination of the franchise or 
right granted by the board of estimate 
and apportionment the plant of the 
grantee, with its appurtenances, shall be 
and become the property of the city 
without further or other compensation to 
the grantees; or that upon such termi- 
nation there shall be a fair valuation of 
the plant which shall be and become the 
property of the city on the termination 


of the contract on paying the grantee 
such valuation. If by virtue of the grant 
or contract the plant is to become the 
city’s without money payment therefor, 
the city shall have the option either to 
take and operate the said property on its 
own account, or to lease the .same for a 
term not exceeding twenty years. If the 
original grant shall provide that the city 
shall make payment for the plant and 
property, such payment shall be at a fair 
valuation of the same as property, ex- 
cluding any value derived from the fran- 
chise; and if the city shall make payment 
for such plant, it shall in that event 
have the option either to operate the 
plant and property on its own account, or 
to lease the said plant and property and 
the right to the use of streets and pub- 
lic places in connection therewith, for 
limited periods, in the same or similar 
manner as it leases the ferries and docks. 
Every grant shall make adequate provis- 
ion by way of forfeiture of the grant, or 
otherwise, to secure efficiency of public 
service at reasonable rates, and the 
maintenance of the property in good con- 
dition throughout the full term of the 
grant. The grant or contract shall also 
specify the mode of determining the valu- 
ation and revaluations therein provided 
for. 

Sec. S. Every consent or agreement to 
the exercise of a franchise shall, unless 
otherwise expressly provided by law, be 
by resolution of the board of estimate 
and apportionment: and the contract for 
the exercise of the franchise shall be 
executed by. or on the authority of, the 
board, which shall, as the local authority 
having the control thereof, have the ex- 
clusive power, to consent, in behalf of 
the city, to the use of the streets or any 
nortion thereof for any purpose specified 
in subdivision six of section five. 

Sec. 9. To the end that the city may 
be enabled to make needful provisions for 
the navigation, intercourse and commerce 
of the city, and adequatelv to develop and 
secure the same now and in the future, 
it shall have the control as in this act 
provided, of the water front of the entire 
city, subject, however, to the rights of 
private owners of property, and also 
power to establish, construct, acquire, 
own, maintain and enjoy all ferries, pub- 
lic wharves, docks, piers, bulkheads, ba- 
sins, slips, streets, approaches and spaces 
and all other public structures, adjuncts 
and facilities necessary or proper for the 
navigation, intercourse and commerce, 
foreign and domestic, of the city. To 
these ends in addition to all grants here- 
tofore made, there is hereby granted In 
fee and confirmed to the city in all the 
public streams, rivers, sounds, bays and 
waters of all descriptions at any and all 
places within or adjoining ihe limits of 
the city, all and singular the property, 
pstate, right, title and interest of the 
people of the state of New York, in, to. 
of, and concerning such lands and soil 
covered by water, as are embraced with- 
in the projected boundary lines of any 
street intersecting the shore line, anil 
which street is in public use or which 
may be hereafter opened for public use, 
extending from high water mark out into 
said streams, rivers, sounds, bays and 
waters so far (any limits in existing 
grants to the contrary) as the city shall 
now or at any time hereafter, in the 
opinion of its board of estimate and ap- 
portionment, require the same for fer- 
ries, public wharves, docks, piers, bulk- 
heads, basins, slips or other public 
structures, adiuncts and facilities for 
navigation and commerce, including the 
right for such purposes to reclaim such 
lands from said waters, and including, 
also for riparian rights, and all rents, is- 
sues and profits of the premises ■ herein 
granted. The commissioners of the land 
office shall from time to time convey or 
patent the lands herein granted to the 
city for said purposes, as and whenever 
required by the board of estimate and 
apportionment. 

Sec. 10. Grants of land under water 
within the city shall be made only to the 


n 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


city or to the riparian proprietor; but no 
grant shall be made to the riparian pro- 
prietor without the consent o£ the city, 
acting through the board of estimate and 
apportionment. Every grant to the city 
shall be subject to all the rights, if any, 
of the riparian proprietor, and before the 
6ity shall construct any wharf or other 
structure in front of the land of such 
proprietor, it shall make just compensa- 
tion to him for the value of such rights. 
Whenever application shall be made by a 
riparian proprietor to the commissioners 
of the land office for a grant of land un- 
der water within the city, said commis- 
sioners shall forthwith give notice there- 
of to the board of estimate and appor- 
tionment, which, within thirty days there- 
after, shall notify the commissioners 
whether or not it will consent to such 
grant. If said board shall consent to such 
grant, it shall notify said commissioners 
of the terms and conditions upon which 
its consent will be given, and such grant 
shall be made only upon such terms and 
conditions. The action of the commis- 
sioners of the land office upon or in con- 
nection with any such application shall 
be subject to judicial review in a proper 
proceeding brought by and in the name 
of the city or the riparian proprietor. 

Sec. 11. No action shall be maintained 
against the city for the recovery of a 
sum of money unless it shall be specif- 
ically alleged in the complaint or moving 
papers that at least sixty days have 
elapsed without adjustment or payment 
since the presentation to the board of 
estimate and apportionment of the de- 
mand, claim or claims upon w'hich such 
action is founded. Where the cause of 
action shall have accrued after the pas- 
sage of this act, no action for damages 
for injuries to persons or to real or per- 
sonal property or for the destruction 
thereof, alleged to have been sustained 
by reason of the negligence of the city, or 
the creation or maintenance of a nuisance 
by it or any of its officers or employees, 
shall be maintained against the city un- 
less the action shall have been com- 
menced within one year after the cause 
of action shall have accrued, and unless 
notice of the intention to commence the 
action, and of the time when and place 
where the damages were incurred or sus- 
tained, together with a verified statement 
showing in detail the property, if any, 
alleged to have been damaged or de- 
stroyed, and the value thereof, shall 
have been filed with the board of esti- 
mate and apportionment and with the cor- 
poration counsel, within six months after 
the cause of action shall have accrued. 

Sec. 12. All actions wherein the city is 
a party defendant shall, subject to • the 
powers of the court to change the place 
of trial in the cases provided by law, be 
tried in the county in which the cause of 
action arose, or in the county of New 
York. 

Sec. 13. All existing and unexecuted 
contracts made by any department or of- 
ficer whose functions are transferred by 
this act, shall be executed by the depart- 
ment or officer to whom such functions 
are transferred; and nothing herein con- 
tained shall affect any existing obligation 
or contract. 

Sec. 14. Where a department has occa- 
sion to use a seal, it shall use the com- 
mon seal of the city with the title of the 
department inserted therein; and the 
courts shall take judicial notice of the 
city and departmental seals. 

Sec. 15. The City of New York shall 
continue tv be divided into five boroughs, 
designated Manhattan, The Bronx, Brook- 
lyn, Queens and Richmond; the bounda- 
ries whereof shall be as follows: 

1. The borough of Manhattan shall 
consist of all that portion of the county 
of New York now or formerly known as 
Manhattan island, Nuttin or Governor’s 
island, Bedloe’s island, Bucking or Ellis 
island, the Oyster islands, and also Black- 
well’s island, Randall’s Island and Ward’s 
Island; 

2. The borough of The Bronx shall con- 


sist of all that portion of the county of 
New York lying northerly or easterly of 
the borough of Manhattan, between the 
Hudson river and the East River or Long 
Island sound, including the several is- 
lands belonging to the county of New 
York, not included in the borough of Man- 
hattan; 

3. The borough of Brooklyn shall con- 
sist of the territory known as Kings 
county; 

4. The borough of Queens shall consist 
of the territory known as Queens county; 

5. The borough of Richmond shall con- 
sist of the territory known as Richmond 
county. 

CHAPTER II. 

GENERAL PROVISIONS REGARDING 
THE DUTIES OF OFFICERS AND 
EMPLOYEES. 

Sec. 16. All officers, boards, commis- 
sions and employees are hereby declared 
trustees of the property, funds, and ef- 
fects of the city so far as such property, 
funds and effects are or may be committed 
to their management or control, and 
every taxpayer who shall pay taxes to 
the city is hereby declared to be a cestui 
que trust in respect to the said property, 
funds, and effects. Any cotrustee or any 
cestui que trust shall be entitled as 
against said trustees and in regard to said 
property, funds and effects, to all the 
rights, remedies and privileges provided 
by law for any cotrustee or cestui que 
trust and to maintain an action to pre- 
vent waste and injury to any property, 
funds and estate held in trust. Such trus- 
tees are hereby made subject to all the 
duties and responsibilities imposed by 
law on trustees, and such duties and re- 
sponsibilities may be enforced by the 
city, or by any cotrustee or cestui que 
trust. The remedies herein provided shall 
be in addition to those now provided by 
law. 

Sec. 17. Any officer or employee who 
shall willfully violate or evade any pro- 
vision of law, or by gross or culpable 
neglect of duty allow any public prop- 
erty to be lost to the city, shall be 
deemed guilty of a misdemeanor, and, in 
addition to the penalties imposed by law, 
shall on conviction forfeit his office or 
employment, and shall be disqualified 
from holding office or employment under 
the city government. 

Sec. 18. No officer or employee of the 
city shall be or become interested, di- 
rectly or indirectly, as contracting party, 
partner, stockholder or otherwise, in any 
contract, work or business, or in the per- 
formance or conduct thereof, or in the 
sale of any article, except as provided in 
section one hundred and ninety-two of 
this act, the expense, price or consider- 
ation of which is payable either from the 
city treasury, or by any assessment levied 
under or by virtue of any act or resolu- 
tion of the board of estimate and appor- 
tionment or other body or officer of the 
city; nor shall any officer or employee be 
interested in any manner, directly or in- 
directly, in the purchase or lease of any 
real estate or other property which shall 
belong to or be taken by the city or 
which shall be sold either for taxes or 
assessments, or by virtue of legal process 
at the suit of the city. Any officer or em- 
ployee who while holding office or em- 
ployment, shall knowingly become inter- 
ested in the performance of any contract, 
work or business or in the sale of any 
article or in the purchase or lease of any 
real estate or other property hereinabove 
referred to, or shall acquire any interest 
therein, except by will or under the de- 
cedents’ estate law, shall forfeit his office 
or employment and be guilty of a misde- 
meanor. All contracts in which any officer 
or employee is or becomes interested shall, 
at the option of the board of estimate 
and apportionment, be forfeited and void. 
Any officer or employee who in consider- 
ation of his nomination, appointment, 


election, or employment, shall, either 
prior or subsequently thereto, give or 
promise to give any portion of his salary 
or compensation or any money or valua- 
ble thing to any person, shall forfeit his 
office and employment and shall be dis- 
qualified from holding office or employ- 
ment under the city government. Such 
forfeiture and disqualification shall be in 
addition to and not exclusive of any other 
penalty prescribed by law. 

Sec. 19. No expense shall be incurred 
by any department, officer or employee un- 
less an appropriation shall previously 
have been made covering such expense 
and there shall be an unexpended balance 
sufficient to meet such expense at the 
time it is incurred. 

Sec. 20. Each and every officer and em- 
ployee charged with the duty of expending 
moneys raised by tax in the city or any 
of the counties included therein, or of in- 
curring obligations payable therefrom, 
shall so regulate such expenditures for 
any purposes that the same shall not in 
any one year exceed the amount appro- 
priated by the board of estimate and ap- 
portionment for said purposes. No 
charge, claim or liability for any purpose 
shall be created against the city or any 
of the counties included therein for any 
sum in excess of the amount appropriated 
therefor. 

Sec. 21. 1. No officer or employee shall 
during the term for which he shall have 
been elected, appointed or employed, hold 
any other public office or employment, 
federal, state or local, except notary pub- 
lic, commissioner of deeds or an office in 
the national guard. Where special pro- 
vision is made by law, an officer may hold 
another office ex officio without salary. 

2. The acceptance by any officer or em- 
ployee of an appointment by any court a3 
trustee in bankruptcy, receiver, referee, 
commissioner in condemnation proceed- 
ings, or commissioner of estimate, ap- 
praisal Or assessment shall vacate his of- 
fice and terminate his employment. 

3. A person w r ho shall be nominated for 
an elective office while holding an ap- 
pointive office or employment in the serv- 
ice of the city shall vacate his office or 
employment unless he shall decline the 
nomination at the time and in the man- 
ner provided by the election law. 

4. No employee shall, directly or indi- 
rectly, contribute to any political fund, 
or be or become a member of, contribute 
to, or take part in, any club or associa- 
tion intended or attempting to effect leg- 
islation for or on behalf of any depart- 
ment, officer or employee; or directly or 
indirectly contribute in any manner in 
aid of legislation in respect of his sal- 
ary, wages or emoluments; or appear be- 
fore the legislature or the council or any 
committee of either, to promote or op- 
pose, directly or indirectly, the passage 
of any such legislation, except in obedi- 
ence to a subpoena commanding him to 
do so. 

5. No person in the classified civil serv- 
ice of the city shall be an officer or mem- 
ber of any political committee, or a dele- 
gate or alternate to any political con- 
vention, except in the performance of his 
official duty; and any person violating 
any of these provisions shall thereby for- 
feit his office, position or employment, 
and all salary, pay and emoluments there- 
of; but the prohibition contained in sub- 
divisions one, two and three of this sec- 
tion shall not apply to an officer or em- 
ployee who receives no salary or compen- 
sation from the city. 

Sec. 22. An office shall become vacant 
upon the incumbent’s ceasing to be a res- 
ident of the city, or of the borough or 
other political division of which he is re- 
quired to be a resident when elected or 
appointed. 

Sec. 23. The mayor, the president of 
the council, the comptroller and the bor- 
ough presidents respectively, may be re- 
moved by the governor in the same man- 
ner as sheriffs, except that the governor 
may direct the inquiry provided by law 
to be conducted by the attorney-general. 


REPORT OF THE NEW YORK CITY CHARTER-COMMISSION, 1909 


23 


After the charges shall have been re- 
ceived by the governor, he may, pending 
the investigation, suspend the officer af- 
fected thereby for a period not exceeding 
sixty days. 

Sec. 24. No elective officer who shall 
have been removed from office under any 
provision of this act shall be eligible to 
election or appointment to fill the va- 
cancy caused by his removal. 

Sec. 25. In ease of a vacancy from any 
cause in the office of president of the 
council, comptroller, borough president or 
member of the council, the person ap- 
pointed to fill such vacancy until a suc- 
cessor be elected, shall be a member of 
the same political party as the last in- 
cumbent of the office. No person shall be 
chosen to fill a vacancy in any such office 
unless he possess the qualifications there- 
for prescribed in this act. 

Sec. 26. Except as otherwise specially 
provided by law. every officer or employee 
of the city or any county included there- 
'in receiving any fees or emoluments un- 
der any statute shall account therefor to 
the chamberlain and pay the same into 
the city treasury. 

CHAPTER III. 

THE COUNCIL. 

Sec. 27., The legislative power of the 
city shall, except as otherwise provided 
in this act, be vested in one house to be 
known and styled as the council of the 
city of New York. 

Sec. 28. 1. There shall be a president of 
the council, who shall be elected at the 
same time and in the same manner as the 
mayor and for a similar term. No person 
shall be eligible to the office of president 
of the council who is not eligible to the 
office of mayor. 

2. He shall preside over all meetings 
of the council and shall have a voice and 
vote therein except as provided in sec- 
tion thirty-two, subdivision three, of this 
act. 

3. His salary shall be fifteen thousand 
dollars a year. 

Sec. 29. A vacancy in the office of pres- 
ident of the council shall be filled by ap- 
pointment by the remaining members of 
the board of estimate and apportionment, 
each casting one vote; their appointee to 
hold office until the first, day of January 
succeeding the first annual election after 
the happening of the vacancy. 

Sec. 30. 1. The council shall be com- 
posed of thirty-nine councilmen, one to be 
elected from each of the thirty-nine coun- 
cil districts of the city, and the president 
of the council. 

2. The council shall at its first meeting 
elect a vice-chairman. Whenever the 
president of the council shall be sick, ab- 
sent from the city, under suspension, or 
acting as Mayor, or while a vacancy 
shall exist in his office, the vice-chairman 
shall possess his powers, perform his du- 
ties and be a member of every board of 
which the president is a member by vir- 
tue of his office. 

3. Every head or acting head of a de- 
partment shall be entitled to sit in the 
council and shall have the right to par- 
ticipate in the discussions thereof, but 
not the right to vote. Whenever re- 
quired by the council, he shall attend its 
meetings and answer all questions asked 
by any councilman relating to the af- 
fairs of his department, provided that at 
least forty-eight hours before the meeting 
he shall have had written notice of such 
questions. If a department be composed 
of more than one member the president 
or chairman thereof shall be entitled to 
such seat. 

4. The first meeting of the council in 
each year shall be held at noon on the 
first Monday of January. 

5. The council may appoint a sergeant- 
at-arms and such other assistants as may 
be necessary to the orderly conduct of 
its business. 

6. At it first meeting in January, nine- 
teen hundred and ten, and at its first 


meeting in January in every second year 
thereafter, the council shall appoint a 
clerk of the council who shajl act also 
as city clerk and Shall hold office for two 
years and until the election of his suc- 
cessor. 

7. The council shall prescribe the du- 
ties of all officers and employees ap- 
pointed by it and may make rules and 
regulations; not inconsistent with the 
provisions of this act or the admin- 
istrative code, for the conduct of the pub- 
lic business in their offices. 

8. Councilmen shall serve without sal- 
ary or compensation. 

9. The mayor may at any time call a 
special meeting of the council; and shall 
do so whenever requested in writing by 
not less than fifteen councilmen. 

Sec. 31. 1. No council district shall em- 
brace territory lying within more than 
one borough. The boundaries of the 
council districts shall in the first instance 
be fixed in the administrative code. There 
shall be fourteen districts wholly in the 
borough of Manhattan, eleven wholly in 
the borough of Brooklyn, six wholly 
within the borough of The Bronx, five 
wholly in the borough of Queens, and 
three wholly in the borough of Rich- 
mond. 

2. In the year nineteen hundred and 
seventeen and during the month of July, 
and in the same month every sixth year 
thereafter, the council may alter -the 
council districts, so that the several dis- 
tricts within the same borough shall con- 
tain as nearly as may be an equal num- 
ber of inhabitants, excluding aliens, and 
be in as compact form as practicable, and 
shall consist at all times of contiguous 
territory. The total number of council 
districts shall not be increased, but shall 
be apportioned among the boroughs in a 
ratio based as far as practicable upon 
population. There shall not be less than 
five council districts in the borough of 
Queens nor less than three in the bor- 
ough of Richmond. 

Sec. 32. 1. The councilmen shall be 
elected at the general election to be held 
in the year ninteen hundred and nine, 
and every two years thereafter, and hold 
office commencing the first day of Janu- 
ary following the election. 

2. Any elector who shall have been a 
citizen of the United States and a resi- 
dent of the city for at least five years im- 
mediately preceding his election shall be 
eligible to the council for any council 
district in which he shall have resided 
continuously for at least one year imme- 
diately preceding his election. 

3. Any vacancy in the office of council- 
man shall be filled for the unexpired term 
by election by a majority of all the coun- 
cilmen representing the borough contain- 
ing the council district in which the va- 
cancy occurs. At any such election the 
president of the council shall preside, but 
shall have no vote unless the councilmen 
shall possess the qualification requisite 
for election in the first instance. 

4. The council shall be the judge of the 
election returns and qualifications of its 
members; but its determinations shall be 
subject to review by certiorari in any 
court of competent jurisdiction. 

Sec. 33. A majority of all the council- 
men shall constitute a quorum to do 
business; but a smaller number may ad- 
journ from day to day, and may be au- 
thorized to compel the attendance of ab- 
sent members in such manner and under 
such penalties as the council may pre- 
scribe. The sessions of the council shall 
be public. It may determine the rules of 
its proceedings, punish its members for 
disorderly behavior and, with the concur- 
rence of two-thirds of all the members, 
expel a member. It shall keep 
a journal of its proceedings, where- 
in the ayes and noes taken on any 
question at the desire of any two mem- 
bers shall be entered. The ayes and noes 
shall be called and recorded on the final 
passage of every ordinance. 

Sec. 34. The council is hereby vested 
with full arid complete power and au- 
thority to enact all ordinances necessary 


for the protection and preservation of 
life, health and property in the city; for 
the prevention and summary abatement 
and removal of nuisances therein; for the 
establishment, preservation and enforce- 
ment of good government, order and se- 
curity of the inhabitants of the city; for 
the suppression of vice; and for the en- 
forcement of all such ordinances by fines 
or penalties, or otherwise. The council 
shall have power and authority also to en- 
act ordinances prescribing regulations in 
respect to the making of contracts to be 
made or let for work to be done for the 
city or supplies to be furnished thereto, 
except as in this act otherwise provided. 

Sec. 35. The council may alter, amend 
or repeal the administrative code as ex- 
pressly provided therein. 

Sec. 36. 1. Every legislative act of the 
council shall be by ordinance, and no or- 
dinance shall be passed except by the 
vote of a majority of all the council- 
men. 

2. The style of ordinance shall be: “Be 
it ordained by the council of the city of 
New York as follows;’’ 

3. All ordinances shall be general in 
their application, and no special ordi- 
nance shall be enacted; except that the 
council may enact ordinances applicable 
in one or more of the boroughs and not 
the city generally. 

4. No ordinance shall be passed un- 
til it shall have been printed and upon 
the desks of the members, in its final 
form, at least three days prior to it3 
final passage, unless the mayor shall 
have certified to the necessity for its 
immediate passage. Upon the last read- 
ing of an ordinance, no amendment there- 
of shall be allowed. 

Sec. 37. Every ordinance shall, after 
its adoption by the council, be presented, 
duly certified, to the mayor. If he ap- 
prove it, he shall sign it; and it shall 
then be deemed to have been passed and 
shall take effect in accordance with its 
provisions. If he disapprove it, he shall 
return it, with his objections, to the 
council, which shall enter the objections 
at large upon its journal and may pro- 
ceed to reconsider the ordinance after ten 
days and within fifteen days after it shall 
have been returned to the council. If 
after such reconsideration, the ordinance 
receive the affirmative votes of at 
least two-thirds of the councilmen, it 
shall then be deemed to have passed. If 
upon the first vote upon such reconsid- 
eration an ordinance fail to receive the 
stated number of affirmative votes, it 
shall be deemed finally lost. If within 
ten days (Sundays excepted) after an 
ordinance shall have been presented to 
him, the mayor shall neither approve it 
nor return it with his objections, his 
disapproval shall be presumed and the 
council may recall the ordinance and 
reconsider it within the same time and 
in the same manner as if it had been 
returned with objections at the expira- 
tion of the ten days aforesaid. 

Sec. 38. The ordinances in force in 
the city of New York on the thirty- 
first day of December, nineteen hundred 
and nine, are, so far as they are not 
inconsistent with this act, continued in 
full force and effect, subject to modi- 
fication, amendment or repeal by the 
council. But all ordinances or resolu- 
tions heretofore adopted affecting or 
relating to franchises, or conses^ing or 
agreeing to the exercise of any fran- 
chise as defined or referred to in sec- 
tions five, seven and eight of this act; 
shall be subject to modification, amend- 
ment or repeal by the board of estimate 
and apportionment in like manner and 
to the same extent as they have here- 
tofore been subject to modification, 
amendment or repeal by the board of 
aldermen, municipal assembly or other 
legislative body of the city of New 
York or of the several municipal cor- 
porations and parts thereof united and 
consolidated to form the citv of New 
York. 

Sec. 39. The ordinances in force on 
the thirty-first day of December, aia*» 


24 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


teen hundred and nine, shall, so far as 
practicable, be reduced to a code and 
published. The code of ordinances of 
the city shall be revised by the coun- 
cil in the year nineteen hundred and ten 
and in every fifth year thereafter. All 
ordinances adopted during each calendar 

year shall be compiled and published 
on or before the first day of March of 
the succeeding year. 

Sec. 40. The council shall not: 

1. Enter into, modify or in any man- 
ner alter the terms of any contract for 
any public work or improvement what- 
soever, or release any contractor with 
the city or any department from any 
fine or penalty incurred under his con- 
tract, or extend the time of perform- 
ance of any contract; or pass any ordi- 
nance or resolution authorizing any of- 
ficer so to do; 

2. Audit or allow any claim against 
the city. 

Sec. 41. The council may appoint 
commissioners of deeds who shall hold 
office for two years from the date of 
appointment. Such appointments shall 
not require the approval of the mayor. 

Sec. 42. The council may at any time 
appoint a special committee to inquire 
whether the laws and ordinances relat- 
ing to any subject or department of 
the city government are being faithfully 
observed, and the duties of the officers 
and employees of the city or any de- 
partment thereof are being faithfully 
discharged, and to examine and report 
whether there are any unnecessary, in- 
efficient or unfit employees, excessive 
salaries, wages or compensation paid, 
and to inquire generally in respect to 
any and all matters which will conduce 
to the orderly and economical adminis- 
tration of the business of the city or 
any department thereof. Such commit- 
tee shall have access to the books and 
records of the city and of any depart- 
ment, officer or employee thereof, and 
for the purpose of any such inquiry 
shall have the powers conferred upon 
an officer, person, board or committee 
by sections eight hundred and forty- 
three and eight hundred and fifty-four 
of the code of civil procedure. 

Sec. 43. The council shall have such 
power and perform such duties in re- 
spect to the budget and the tax levy 
as are prescribed in sections sixty and 
sixty-one and one hundred and twenty- 
six. 


CHAPTER IV. 

EXECUTIVE. 

Sec. 44. 1. The executive power of the 
city shall be vested in the mayor. 

2. No person shall be eligible to the 
office of mayor unless he shall have been 
a citizen of the United States and a resi- 
dent of the city for at least ten years 
preceding his election. 

3. The salary of the mayor shall be 
twenty-five thousand dollars a year. 

Sec. 45. The mayor shall be elected by 
the voters of the city at large at the 
general election in the year nineteen 
hundred and nine, and every four years 
thereafter, and shall hold his office for 
a term of four years commencing on the 
first day of January next after his elec- 
tion. 

Sec. 46. 1. Whenever there shall be a 
vacancy in the office of mayor, the presi- 
dent of the council shall become mayor 
until the first day of January succeeding 
the first annual election after the hap- 
pening of such vacaiuy. 

2. In case of the mayor’s suspension 
from office or absence from the city or of 
his being prevented by sickness from at- 
tending to the duties of his office, the 
president of the council shall act as 
mayor and possess all the rights and 
powers of the mayor during such sus- 
pension, absence or sickness, except as in 
this section otherwise provided. 

3. Whenever the president of the coun- 
cil shall act as mayor in consequence of 
the mayor’s suspension from office, he 


shall not exercise any power of appoint- 
ment to or removal from office. 

4. Whenever the president of the coun- 
cil shall act as mayor in consequence of 
the mayor’s absence from the city or sick- 
ness, he shall not exercise any power of 
appointment to or removal from office 
unless such absence or sickness shall con- 
tinue for at least thirty days: 

6. The president of the council shall 
not sign, approve or disapprove any ordi- 
nance or resolution, unless the suspen- 
sion, absence or sickness of the mayor 
shall have continued for at least nine 
days. 

Sec. 47. It shall be the duty of the 
mayor: 

1. To communicate to the council, at 
least once in each year, a general state- 
ment of the finances, government and im- 
provements of the city; 

2. To be vigilant and active in causing 
the ordinances of the city and law of the 
state to be executed and enforced; 

3. And generally to perform all such 
duties as may be prescribed for him by 
this act, the administrative code, the laws 
of the state, and the ordinances of the 
city. He shall prescribe the duties of all 
officers and employees in his office. 

Sec. 48. 1. The mayor shall appoint and 
may at pleasure remove all heads of de- 
partments, the commissioner of inquiry, 
the’ members of the art commission and 
the members of every board and commis- 
sion whose salaries or expenses are paid 
out of the city treasury, whose appoint- 
ment or election is not otherwise expressly 
provided for by this act or by law; but 
the trustees of the College of the City of 
New York shall be exempt from removal 
except as provided in the administrative 
code. 

2. He shall appoint justices of the 
courts of special sessions and city magis- 
trates. A vacancy occurring otherwise 
than by expiration of term in the office 
of justice of the municipal court shall be 
filled by appointment by the mayor until 
the first day of January suceeding the 
first annual election after the happening 
of such vacancy. 

3. He may appoint a board to be known 
as the advisory board on city plan, to 
consist of such landscape architects, civil 
engineers and other persons as he may 
select, the members thereof to serve with- 
out salary and to act in conjunction with 
the board of estimate and apportionment 
in devising, formulating and advocating a 
plan or plans for the comprehensive de- 
velopment and improvement of the 
streets, parks and public places. 

Sec. 49. The mayor shall appoint a mu- 
nicipal civil service commission to con- 
sist of three members, not more than two 
of whom shall be of the same political 
party. The commission shall have the 
jurisdiction and powers conferred upon 
such a commission by the civil service 
law of the state. 

Sec. 50. 1. The commissioner of inquiry, 
with the approval of the mayor, may ap- 
point and at pleasure remove two depu- 
ties, one of whom shall be an attorney 
and counselor-at-law admitted to practice 
in the courts of this state at least five 
years prior to the date of his appoint- 
ment. The commissioner, his deputies 
and their subordinates shall constitute 
the bureau of examination in the mayor’s 
office. 

2. Subject to the civil service law, the 
subordinates of the bureau shall be ap- 
pointed by the commissioner of inquiry 
with the approval of the mayor. 

3. The commissioner and deputy com- 
missioners shall make investigations into 
the affairs of any office or department of 
the city or any division thereof, or of 
any county included within the city, and 
the manner of conducting the public busi- 
ness therein. They shall report the re- 
sult of any such investigation to the 
mayor whenever thereto by him directed. 
The mayor shall have exclusive discre- 
tion and power to determine the scope of 
any such investigation. 

4. The commissioner of inquiry and his 


deputies shall have pow'er to compel the 
attendance of witnesses and the produc- 
tion of books, documents and other pa- 
pers, to administer oaths and to examine 
such persons as he or they may deem 
necessary. 

Sec. 51. There shall be the following 
administrative departments, each of 
which shall, unless otherwise stated, be 
presided over by a single head: 

1. Finance department, the head of 
which shall be the comptroller; 

2. City treasury, the head of which 
shall be the chamberlain; 

3. Tax department, the head of which 
shall be known as the board of taxation; 

4. Law department, the head of which 
shall be known as corporation counsel; 

5. Police department, the head of which 
shall be known as police commissioner; 

6. Health department, the head of 
which shall be known as the health 
board, to consist of the health commis- 
sioner, the police commissioner, and the 
health officer of the port; 

7. Fire department, the head of which 
shall be known as fire commissioner; 

8. Department of education, the head 
of which shall be known as the board of 
education; 

9. Department of docks and ferries, the 
head of which shall be known as dock 
commissioner; 

10. Park department, the head of which 
shall be known as the park board; 

11. Department of water supply, the 
head of which shall be known as water 
commissioner; 

12. Department of street control, the 
head of which shall be known as street 
commissioner; 

13. Bridge department, the head of 
which shall be known as bridge commis- 
sioner; 

14. Building department, the head of 
which shall be known as building commis- 
sioner; 

15. Tenement house department, the 
head of which shall be known as tene- 
ment house commissioner; 

16. Charities department, the head of 
which shall be known as charities com- 
missioner; 

17. Department of correction, the head 
of which shall be known as commissioner 
of correction; 

18. Bellevue and allied hospitals, the 
bead of which shall be known as the 
beard of trustees of Bellevue and allied 

hosp'tals. 

CHAPTER V. 

BOARD OF ESTIMATE AND APPOR- 
TIONMENT. 

Sec. 52. There shall be a board of esti- 
mate and apportionment, composed of the 
mayor, the president of the council, the 
comptroller and the five borough presi- 
dents, of whom the mayor, the president 
of the council and the comptroller shall 
each be entitled to cast three votes, the 
presidents of the boroughs of Manhattan 
and Brooklyn each two votes, and the 
presidents of the boroughs of The Bronx, 
Queens and Richmond each one vote. A 
quorum shall consist of members of the 
board entitled to cast at least nine 
votes, but must include at least two 
members entitled to cast three votes 
each. No resolution or amendment of 
any resolution shall be passed at the 
meeting at which it shall have been orig- 
inally introduced, unless twelve votes 
shall have been cast for its adoption. 
Wherever the words “the board’’ appear 
in this chapter, they shall be taken to 
mean the board of estimate and appor- 
tionment. 

Sec. 53. A borough president shall be 
elected in each borough by the voters 
thereof, at the same time as the mayor 
and for a similar term. No person shall 
be eligible for the office of borough pres- 
ident unless he shall have been a citizen 
of the United States and a resident of 
the borough for at least five years imme- 
diately preceding his election. 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


25 


1. A vacancy in the office of borough 
president shall be filled by appointment 
by the remaining members of the board 
of estimate and apportionment, each cast- 
ing one vote, their appointee to hold of- 
fice until the first day of January suc- 
ceeding the first annual election after the 
happening of such vacancy. 

2. The salary of a borough president 
shall be ten thousand dollars a year. 

Sec. 64. 1. The first meeting of the 

board in every year shall be called by 
written notice from the mayor, duly 
mailed to the members. Subsequent meet- 
ings shall be called as the board may 
direct. 

2. Except as otherwise provided by law, 
every act of the board shall be by reso- 
lution adopted by a majority of the whole 
number of votes authorized to be cast by 
the board. 

3. The mayor shall preside at all meet- 
ings of the board; in the absence of the 
mayor the president of the council shall 
preside. 

Sec. 55. Except as otherwise specifically 
provided in this act. each borough presi- 
dent shall devote his time and attention 
exclusively to the business and duties of 
the board. The board may assign to one 
or more of the presidents such special 
duties as to it may seem proper. 

Sec. 56. Every resolution authorizing or 
relating to the expenditure of money 
shall, after its adoption by the board, be 
presented to the mayor. If he approve, 
he shall sign it and it shall then take 
effect; if he disapprove, he shall return 
It to the board with his objections and 
the board shall enter the same at large 
upon its minutes and may then reconsider 
the resolution. If after such reconsider- 
ation it shall have received the affirma- 
tive votes of members of the board enti- 
tled to cast in the aggregate at least ten 
votes, it shall take effect. 

Sec. 57. In addition to such other bu- 
reaus as it may establish, there shall be 
under the board: 

1. A bureau of public improvements 
and engineering, the head of which shall 
be an engineer, resident in the city, of 
at least ten years’ professional experi- 
ence. who shall be known as “ city engi- 
neer;” 

2. A bureau of franchises, the head of 
w'hich shall be known as “ chief of the 
bureau of franchises;” 

3. A bureau of real estate, the head oi 
which shall be knowm as "chief of the 
bureau of real estate;” 

4. A bureau of claims, the head of 
which shall be known as “chief of the bu- 
reau of claims;” 

5. A bureau of salaries, which shall 
classify and grade all officers and em- 
ployees and their salaries and wages, the 
head of which shall be known as “chief of 
the bureau of salaries;” 

6. A bureau of statistics and publicity, 
the head of which shall be known as 
“chief of the bureau of statistics and 
publicity;” 

7. A bureau of supplies, the head of 
which shall be known as “chief of the 
bureau of supplies.” 

Sec. 58. Each of the bureaus shall have 
the powers and perform the functions 
and duties prescribed therefor in the ad- 
ministrative code, and shall, subject to 
such provisions, be under the control and 
direction of the board, which shall pre- 
scribe the duties of the officers and em- 
ployees thereof and may make all neces- 
sary rules and regulations with respect 
thereto. 

Sec. 59. 1. Except as otherwise ex- 

pressly provided by law, the board shall 
fix and may alter the salary or compensa- 
tion of every officer, employee or person 
other than day laborers whose compen- 
sation shall be paid out of the city treas- 
ury, including the sheriff, the district at- 
torney and the county clerk of each county 
within the city, the register of the county 
of New York and of Kings, and their re- 
spective subordinates. 

2. The salary and compensation of every 
appointive officer or employe, whoseofflee 


or position, other than that of day la- 
borer, is not abolished by this act or the 
administrative code, shall, until changed 
by the board, continue at the amount 
fixed at the time this act takes effect. 

3. No extra compensation shall be 
granted to any officer or employee: 

4. No compensation beyond the salary, 
wages or compensation fixed in the bud- 
get for the position or grade of any city 
officer or employee shall be granted or 
paid, nor shall any- salary, wages or com- 
pensation so fixed be increased during 
the budgetary year. 

5. Salaries, wages and compensation 
for like positions or grades shall be uni- 
form throughout each borough, but need 
not be uniform throughout the oity. 

Sec. 69. 1. The board shall annually, be- 
tween the first day of October and the 
first day of November, meet and make 
a budget of the amounts estimated to be 
required to pay the cost for the ensuing 
year of conducting the public business of 
the -city and of the counties included 
therein. 

2. The budget shall show in such detail 
as may be practicable the items of all ap- 
propriations for each department, bureau, 
office, board or commission, and the terms 
and conditions under which, conformably 
with law, the same mai te expended. It 
shall further show in cuc-h detail as the 
board may deem advisable the estimated 
receipts of each department, bureau, of- 
fice, board or commission. To enable the 
board to make the budget, the heads of 
departments, bureaus, offices, boards and 
commissions shall in such detail and at 
such date or dates as the board may di- 
rect, but not later than September tenth 
in each year, send to the board an esti- 
mate in writing to be known as a depart- 
mental estimate, of the amount of expen- 
diture, specifying the objects thereof, re- 
quired for their respective departments, 
bureaus, offices, boards or commissions 
for the ensuing year. Duplicates of these 
departmental estimates and statements 
shall be sent at the same time to the 
council. 

3. The budget shall show by separate 
tables the sources of all revenues of the 
city and the estimated receipts from each, 
including the sources and receipts of the 
general fund for the redution of taxation 
and the several sinking funds enumerated 
in section seventy-five of this act. 

4. Before finally determining upon the 
budget, the board shall fix a time or times 
for hearing taxpayers of the city in re- 
gard thereto. Within five days after the 
budget shall have been made by the 
board, it shall be transmitted to the coun- 
cil. 

5. Simultaneously with its transmission 
to the council, the budget shall be pub- 
lished in the City Record and the mayor 
shall call a special meeting of the council 
to- consider it. Consideration of the bud- 
get by the council shall continue from day 
to day until final action is taken thereon, 
but shall not continue beyond twenty 
days. If the council shall take no action 
within such time, the budget sjjall be 
deemed to be finally adopted as transmit- 
ted by the board. Except as otherwise 
provided by law, the council may reduce 
or reject any or all of the items of the 
budget for salaries and for supplies and 
improvements. It shall not increase any 
item or vary the terms or conditions 
thereof or insert any new items. It3 ac- 
tion in reducing or rejecting any item 
shall be suDject to the veto power of the 
mayor, and unless such veto be overridden 
by a three-fourths vote of the council, the 
item fixed by the board shall stand. 

Sec. 61. 1. Prior to December twenty- 
fifth in each year, the budget as finally 
adopted shall be certified by the mayor, 
comptroller and city clerk, whereupon the 
several sums mentioned therein shall be 
and become appropriated to the several 
purposes therein named. On or before 
December thirty-first in each year the 
budget shall be filed in the office of the 
comptroller and published in the City 
Record. 


2. At least four weeks before the an- 
nual meeting of the council called for the 
purpose of determining the rate of tax- 
ation. the comptroller shall prepare and 
submit to it an estimate of the receipts 
and revenues of the general fund for the 
reduction of taxation during the year then 
current, lie shall at the same time ’cer- 
tify to the council the aggregate amount 
fixed in the budget to be : raised by tax- 
ation. 

3. The council shall meet at noon on the 
first Monday of July in each year at its 
usual place of meeting in the borough of 
Manhattan, or if said first Monday fall 
on a legal holiday the council shall meet 
at noon on the next succeeding day at 
said time and place, and at such meeting 
shall deduct from the aggregate amount 
fixed in the budget to be ra.sed 
by taxation as certified by the 
comptroller the amount of the 
said estimated receipts and rev- 
enues of the general lund for the re- 
duction of taxation, and shall there- 
after cause . to be raised by tax the 
balance of such aggregate amouut after 
making such deduction. 

Sec, 62. The budget shall make pro- 
vision for: 1. Salaries, wages or com- 
pensation of all city officers and em- 
ployees; the cost of equipment, repairs, 
renewals and supplies required for the 
administration and maintenance of each 
department, bureau, office, board and 
commission of the city, including the 
dock department and , educational - and 
other institutions supported wholly or 
partly by the city pursuant to existing 
provisions of law; 

2. Rent of suitable buildings or offices 
in buildings not owned by the city 
necessary for the use of departments, 
bureaus, officers, boards and commia- 
sions ; 

3. The expenses of the registration 
of voters; of the compilation and pub- 
lication of the registry of- voters; and 
of all elections held in the city during 
the year; 

4. Salaries, wages and compensation 
of officers and of employees of coun- 
ties wholly included in the city, and all 
other expenses of said counties prop- 
erly chargeable to the counties or any 
of them as distinguished from city 
charges; • 

5. The additional compensation due 
according to law to justices- of the su- 
preme court from judicial districts, other 
than the first and second, who shall 
hold court within the city; 

6. The compensation due according 
to law to justices of the supreme 
court and county judges, surrogates 
and judges of the court of general ses- 
sions within the city, and the expenses 
necessary for the administration of 
justice therein; 

7. The compensation due according to 
law to judges of the city court, justices 
of the courts of special sessions and ot 
the municipal court and the city mag- 
istrates, and the expenses necessary for 
the administration of justice in the 
courts of inferior jurisdiction of the 
city: 

8. The cost of publishing in the daily 
law journal designated by the justices 
of the appellate division of the supreme 
court in the first department, ; the cal- 
endars of state- courts of record in the 
city; 

9. The cost of maintaining and pur- 
chasing law books for the law library 
of the appellate division of the first de- 
partment, the law library of the su- 
preme court in the first judicial dis- 
trict, and the supreme court library in 
the borough of Brooklyn: 

10. Maintenance and expenses of free 
public libraries, including branch and 
traveling libraries, which have hereto- 
fore been maintained, in whole Or in 
part, by the public funds of the city; 

11. The salaries and expenses of ad- 
ministration of the public service com- 
mission in the first district, and of 
other commissions and boards required 
by law to be paid out of the city treas- 


26 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


ury, except of the board of water sup- 
ply of The City of New York; 

12. The cost of compiling and pub- 
lishing the annual record of the as- 
sessed valuation of real estate: of pub- 
lishing the City Record, and of all ad- 
vertising required by law; 

13. All sums authorized by the ad- 
ministrative code to be raised and paid 
for the relief of poor adult blind per- 
sons and the education and support of 
the blind, of the deaf and dumb, and of 
juvenile delinquents, and for the care, 
support, maintenance and secular edu- 
cation of inmates of orphan asylums, 
protectories, or homes for dependent 
children, to correctional institutions, 
and to charitable, educational, eleemo- 
synary, correctional or reformatory in- 
stitutions, wholly or partly under pri- 
vate control, and having their main 
office in the city, for care, support, 
maintenance or education of the in- 
mates thereof; such payments to be 
made only for such inmates as are re- 
ceived and retained therein pursuant to 
rules established by the state board of 
charities; 

14. The quota of state taxes im- 
posed and chargeable upon the city and 
the counties wholly included therein; 

15. Sums required for the several 
pension funds as provided in the ad- 
ministrative code; but no such sums 
shall be provided for any pension fund 
unless in connection therewith the bud- 
get shall show an estimate in detail of 
the receipts from all sources of such 
pension fund; 

16. The amount of taxes levied prior 
to the preceding first day of January 
deemed by the board to be uncollect- 
ible, so far as the same shall not have 
been provided for in prior tax levies 
or by the issue of corporate stock; 

17. Annual interest upon the city 
debt; 

18. The annual quota for the redemp- 
tion of the city debt, including instal- 
ments payable during the ensuing bud- 
getary year; 

19. Such sums as may, in addition to 
the accumulations of any sinking fund, 
be necessary to redeem any obligation 
of the city payable out of such sinking 
fund and maturing during the next 
calendar year; 

20. The annual interest on general 
fund bonds issued pursuant to the pro- 
visions of section ninety-eight of this 
act; 

21. The redemption of special revenue 
bonds issued during the preceding year; 

22. Such other appropriations, not spe- 
cifiically provided for in this act, as the 
board shall have determined, by the votes 
of members entitled to cast at least 
twelve votes, to be necessary for the 
maintenance, during the year, of the gov- 
ernment of the city or of any county in- 
cluded therein. In addition to the fore- 
going, the budget may contain an appro- 
priation, to be included among the ap- 
propriations for the purposes of the 
board, of such sum as it may deem neces- 
sary, not exceeding two million dollars in 
any one year, for the purpose of supply- 
ing funds for emergencies for which pro- 
vision is not otherwise made in this act 
or in the administrative code. But no 
payment shall be made from such appro- 
priation unless authorized by the votes 
of members of the board entitled to cast 
at least twelve votes. Balances of appro- 
priations remaining unexpended at the 
close of the fiscal year for which they 
Bhall have been made, shall, after the al- 
lowance of a sufficient sum to satisfy all 
claims payable therefrom and within sixty 
days after the expiration of such year, be 
paid into the general fund for the reduc- 
tion of taxation. 

Sec. 63. All moneys received from the 
state or from any department, board or 
officer thereof, to or for the use of the 
city or any department thereof, the dispo- 
sition of which shall not be specifically 
provided for by law shall be paid into 
the general fund for the reduction of tax- 
ation. * 


Sec. 64. Except as in this act other- 
wise specifically provided, the board shall 
have power upon such terms and condi- 
tions as may seem to it for the best in- 
terests of the city: 

1. To authorize the issue of the several 
classes of obligations enumerated in 
chapter seven of this act; 

2. To change the map or plan of the 
city so as to lay out new streets, parks, 
bridges or tunnels, to widen, straighten, 
extend, alter or close existing streets, 
and to fix, establish or change the grade 
of any street. No street shall be closed 
in whole or in part, unless the board 
shall decide that the street, or so much 
thereof as is to be closed, is no longer 
needed for public purposes. 

3. To assign to other specific public 
use any property of the city or 'of any 
county included therein determined by 
the board to be no longer required for 
the purpose for which it was acquired or 
is used; 

4. To exchange real property of the 
city, or of any county included therein, no 
longer needed for a public purpose, for 
real property of equal or greater value 
within the same borough, provided the 
board shall determine such property to be 
needed for a public purpose; 

5. To settle and adjust, by mutual con- 
veyances or other appropriate instru- 
ments, disputes about boundary lines, and 
to release such interests of the city in 
real estate as tjie corporation counsel 
shall certify in writing to be mere clouds 
upon title; 

6. To sell and convey the right, title 
and interest of the city in and to lands 
lying within any street that may have 
been closed in whole or in part, to the 
owners of land fronting on the part of 
the street so closed, provided the board 
shall first determine that the land so sold 
and conveyed is not needed for any public 
use; 

7. To sell at the highest price at public 
auction or by sealed bids, after public ad- 
vertisement in the City Record for a pe- 
riod of at least fifteen days, and after ap- 
praisal made under the direction of the 
board within three months immediately 
preceding the date of sale, when no long- 
er needed for a public purpose, any city 
or county property, except ferries, parks 
and water-front property. Except as 
otherwise provided by law, the proceeds 
of any sale other than of personal prop- 
erty, shall on receipt, after the deduction 
of necessary charges, be paid to the 
credit of the “sinking fund of the city of 
New York for the redemption of the city 
debt.” The proceeds of any sale of land 
in the county of New York and the build- 
ings thereon, occupied or reserved for 
school purposes and no longer required 
therefor, shall be paid into the “sinking 
fund of the city of New York for the re- 
demption of the city debt” if the property 
was acquired prior to January first, eight- 
een hundred and ninety-eight, but if ac- 
quired subseouently, such proceeds shall 
be naid into “the sinking fund of the city 
of New York.” The proceeds of sale of 
personal property, except as otherwise 
provided in this act. shall be paid into 
“the general fund for the reduction of 
taxation”; 

8. To lease in like manner as provided 
for sales in subdivision seven of this sec- 
tion, any city or county property except 
parks, streets, ferries and water front 
property; but no lease or any renewal 
thereof shall be for a longer term than 
ten years, except as otherwise specifically 
provided in this act. All rentals shall, 
after the deduction of necessary charges, 
immediately be paid to the credit of “the 
sinking fund for the redemption of the 
city debt,” except as by law otherwise 
provided; 

9. To lease all or any part of the rights, 
title and interest heretofore or hereafter 
acquired by the city in and to any lands 
outside the city for the sanitary pro- 
tection of the -water supply, and to 
grant in perpetuity or for shorter per- 

t iods, subject to such restrictions as 


the board may deem proper, rights, 
easements, or right of way in, over, 
under or across any such lands for 
highway or other purposes, or for the 
improvement of the facilities and pub- 
lic service of railroads lawfully located 
thereon, , provided no such lease or 
grant shall be made unless the board 
shall first determine that the said lands 
or interests therein so leased, granted 
or conveyed, are to be used or enjoyed 
for a purpose which is consistent with 
the sanitary protection of the wmter 
supply of the city, and provided that 
every such grant or lease shall contain 
covenants restricting the use of such 
lands or interest therein in accordance 
with the determination of the board; 

10. To rent any real estate or build- 
ings for the use of the city or of any 
of the counties wholly included there- 
in, including premises for armories and 
drill rooms and places for the safe- 
keeping of arms, uniforms, equipments, 
accoutrements and camp equipage of the 
national guard ; 

11. To assign the places where courts 
of general sessions and inferior local 
courts, shall be held; to change the 
place of holding any such courts; to 
assign and designate police stations 
for the detention of prisoners; to desig- 
nate for all purposes for w-hich common 
jails may by law be used any building 
or buildings within the city to be com- 
mon jails thereof or of any of the coun- 
ties wholly included therein; such build- 
ing or buildings to remain such com- 
mon jails until other buildings shall be 
designated for any such purpose; 

12. To select, locate and lay out 
sites for playgrounds and school farms; 

13. To select all sources of water 
supply needed for the supply and dis- 
tribution of water, and acquire by pur- 
chase, lease or otherwise any real prop- 
erty as defined in section two hundred 
and eighty-one of this act, necessary to 
secure the sole and exclusive property 
in any source of water supply deter- 
mined upon, and wholly to distinguish 
the water rights of any person therein, 
w-ith the right to lay, relay, repair and 
maintain aqueducts, conduits and w r ater 
pipes with the connections and fixtures 
on the lands of others; for the purpose 
of conducting water to the city, to in- 
tercept and direct the flow of water 
from the lands of riparian owners and 
from persons owning or interested in 
any water; and to prevent the flow 
or drainage of noxious or impure mat- 
ter from the lands of others into its 
reservoirs or sources of water supply; 

14. To acquire by lease, purchase or 
otherwise, real property as defined in 
section two hundred and eighty-one of 
this act, needed for any city purpose; 

15. To authorize the w'ater commis- 
sioner to enter into contracts with any 
persons engaged in the business of 
supplying or selling water for private 
or public use and consumption, provided 
the proposed contract, in the exact 
form in which the same is to be exe- 
cuted, shall receive the approval of 
members of the board entitled to cast 
not fewer than twelve votes and the 
separate written approval of the mayor 
and the comptroller. All proceedings 
relating to the making or approval of 
any such contract, including the terms 
thereof, may be reviewed by the appel- 
late division of the supreme court in 
the first and second department on the 
application of any resident taxpayer: 

16. To cause water meters, of a pat- 
tern and price approved by it, to be 
placed in all or any places in which 
ivater is furnished by the city, for the 
purpose of measuring the same; 

17. To determine any controversy 
wdth regard to jurisdiction or powers 
that may arise between any depart- 
ments, its decision thereon to be final. 
No proceedings, negotiations or con- 
tract for the acquisition for any pur- 
pose of real property as defined in sec- 
tion tw'o hundred and eighty-one here- 
of, the cost of which is to be paid by 
the city or by assessment, shall be be- 


27 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


gun or entered into without the ap- 
proval of the board. 

IS. To grant permission to any per- 
son authorized to operate or maintain 
wires and electrical conductors to re- 
move the same from above the surface 
of .any street or water-front property 
and to place them under ground; 

19. To remove or cause to be removed 
wires and electrical conductors from 
above the surface of any street or 
waier-front property and to place or 
cause the same to be placed under 
ground: 

20. To regulate the stringing of 
wires, electrical conductors and other 
means of conveying electricity, gas, 
steam, air or other force or substance 
above or beneath the surface • of any 
street or any water-front property, in- 
cluding the erection or construction of 
poles, conduits and other means for 
supporting or containing the same. The 
removal from above the surface and the 
placing under ground of wires and elec- 
trical conductors and the construction 
and erection of poles, conduits and 
other means of supporting or contain- 
ing the same shall be done under the 
supervision of the street commis- 
sioner. in accordance with rules and 
regulations to be prescribed by the 
board. 

21. To authorize any general or local im- 
provement. 

Sec. G5. The board shall devise and 
formulate a plan for the comprehensive, 
development and improvement of all 
parks and streets under the control of 
the park board, so that as far as practi- 
cable each borough sjiall contain a con- 
nected and continuous park system. No 
plan adopted pursuant to this provision 
shall be changed in any particular with- 
out the express authority of the board of 
estimate and apportionment. 

Sec. 66. The board may: 1. Inquire in- 
to, settle and adjust any claim against 
the city and authorize the payment there- 
of, whether or not an action be pending 
thereon, for work done, materials or sup- 
plies furnished, or services rendered, pro- 
vided it shall appear to the board, after 
public examination of witnesses under 
oath by the board or any member thereof, 
that it is just for the city to pay the 
same without regard to any defense at 
law which the city may have thereto other 
than the statute of limitations; but the 
board shall not authorize the payment of 
any claim for services performed under 
an appointment or employment made in 
violation of the civil service law; but this 
section shall not be construed to permit 
the grant of any extra compensation to 
any public officer, servant or contractor; 

2. Hear and determine any application 
for relief from an assessment, or any part 
thereof, for a local improvement, pro- 
vided that the amount of the assessment 
as so readjusted shall be paid forthwith 
by the applicant; and no person who shall 
have made an application to the board for 
relief hereunder shall thereafter main- 
tain an action or proceeding for relief 
from such assessment or any part thereof, 
or to set the same aside. 

Sec. 67. The board shall, by written no- 
tice to the chamberlain, designate the 
banks or trust companies in which the 
moneys of the city shall be deposited, and 
may by like notice from time to time 
change the banks or trust companies thus 
designated; but no bank or trust company 
shall be so designated unless it shall 
agree to pay interest to the city on the 
daily balances of the city at a rate to be 
fixed by the board, which rate shall be 
fixed quarterly as of the first days of 
February, May, August and November in 
each year. 

Sec-. 68. The board shall prescribe the 
standard in any class of supplies needed 
for any purpose by any department, 
board, commission or officer of the city, 
and in any class of materials employed 
in any work performed for the city; and 
all contracts therefor shall require con- 
formity to such standard. So far as the 
board may deem practicable, the terms, 


conditions and specifications of all con- 
tracts shall be uniform. 

Sec. 69. The board may require any offi- 
cer or employee to execute and file an un- 
dertaking to the city for the faithful dis- 
charge of his duties. Every such under- 
taking shall be approved as to its form 
and sufficiency of the sureties by the 
board, and shall be filed with the city 
clerk. 

Sec. 70. The board may prescribe and 
adopt general rules and regulations with 
respect to the form of keeping and ren- 
dering all city accounts, to the end that, 
as far as practicable, there may be a uni- 
form system of departmental accounting. 
It may audit or cause to be audited the 
accounts of all officers, bureaus and em- 
ployees charged with the collection and 
receipt of money for or in behalf of the 
city. 

Sec. 71. In all cases where the board 
authorizes a local improvement to be 
made, ii shall determine how much, if 
any, of the cost and expense thereof shall 
be paid by the city; and the remainder 
shall be assessed upon the property 
deemed to be benefited thereby. The de- 
termination by the board shall be final. 

See. 72. On the fifteenth day of Janu- 
ary, April, July and October in each year, 
the board shall publish a statement of the 
indebtedness of the city existing on the 
first day of the month of such publication. 
It shall annex thereto a statement of the 
assessed valuation of the real estate sub- 
ject to taxation as it appeared by the as- 
sessment-rolls of the city on the last pre- 
ceding assessment for state or county 
taxes. Each such statement of indebt- 
edness shall show- the amount of: 

1. All corporate stock outstanding; 

2. All assessment bonds outstanding; 

3. All outstanding revenue bonds issued 
for account of unpaid taxes for years 
prior to the year of their issue; 

4. Claims against the city in course of 
settlement not payable out of taxes or 
proceeds of revenue bonds or special rev- 
enue bonds; the amount to be shown in 
the statement shall be so much of the 
aggregate of all the claims as the board 
may deem sufficient to provide for the sat- 
isfaction thereof; 

5. The estimated cost to the city of 
acquiring title to real estate in actual 
course of condemnation, in proceedings 
in which no award shall have thereto- 
fore been made, including taxable costs, 
disbursements, fees and expenses; the 
amount to be . included in the statement 
Shall be determined by the board from 
estimates furnished, upon its request, by 
the corporation counsel; 

6. Unpaid awards and costs in con- 
demnation proceedings, confirmed and 
unconfirmed ; 

7. The estimated expenditure other than 
from appropriations under all contracts 
signed by the head of any department, 
bureau, board or commission, whether or 
not certified by the comptroller; 

8. All amounts standing to the credit 
of trust accounts on the books of the 
city. In determining the several amounts 
to be inserted in such statements, no de- 
duction shall be made of cash received 
by the city from the sale of corporate 
stock or bonds other than revenue bonds 
or special revenue bonds, unless such 
cash shall have been specifically appro- 
priated and set aside for the purposes, for 
which such stock or bonds were issued; 
nor shall any deduction be made of any 
uninvested cash in any of the sinking 
funds, or of any obligation of the city 
held by any of the sinking funds which, 
by the provisions of section ten of arti- 
cle eight of the constitution of the state 
is not to be included in ascertaining the 
power of the city to become indebted. 

Sec. 73. The corporation counsel shall 
furnish to the board on or before the 
tenth day of September in each year a 
list of all reports in condemnation pro- 
ceedings confirmed for the preceding 
twelve months with the amount of awards 
and costs taxed in each proceeding. The 
comptroller shall, on or before the same 
date, furnish the board with a statement 


of the amounts of such awards and costs, 
and of the amounts paid, thereon and due 
thereafter. 


CHAPTER VI. 

THE SINKING FINDS. 

Sec. 74. The board of commissioners of 
the sinking fund of The City of New 
York as heretofore constituted is abol- 
ished. All powers and duties heretofore 
by law or ordinance vested in or im- 
posed upon the said board, or any board 
or body analogous thereto of the munici- 
palities or parts thereof, heretofore 
united and consolidated to form the city, 
and of the counties within the city, are 
devolved upon the board of estimate and 
apportionment, which for the purposes of 
all such powers and duties shall become 
and be the commissioners of the sinking 
fund of the city. The term “board." 
wherever used in this chapter, shall mean 
the board of estimate and apportionment, 
acting as commissioners of the sinking 
funds. The board shall administer each 
of the several sinking funds of the city, 
and shall carrv out the several trusts 
and fulfill the obligations relating there- 
to, in the same manner as the board of 
commissioners of th' sinking fund of 
The City of New York were by law or 
ordinance required to do before the date 
when this act takes effect. The assets 
and accounts of each of said sinking 
funds shall, except as in this act other- 
wise provided, be keDt separate and dis- 
tinct, and the same shall in all respects 
be administered as independent trusts, 
subject to and governed by the several 
provisions of law or ordinance heretofore 
relating thereto, with the intent and pur- 
pose of preserving inviolate the rights of 
holders of bonds and stocks heretofore 
issued by any of the municipal and pub- 
lic corporations or parts thereof here- 
tofore united and consolidated to form 
the c ! ty_. including the counties of Kings 
and Richmond. 

See. 75. The sinking funds are as follows 
and each of the same shall be contin- 
ued and preserved inviolate until the 
purpose for which it was created shall 
have been fulfilled: 

1. The “sinking fund of The City of 
New York for the redemption of the city 
debt,” being the sinking fund for the 
redemption of the debt of the mayor, al- 
dermen and commonalty of The City of 
New York as such corporation existed 
prior to January one, eighteen hundred 
and ninety-eight; 

2. The “sinking fund of The City of New 
York for the payment of interest,” being 
the sinking fund for the payment of in- 
terest accruing and to accrue upon the 
debt referred to in the preceding sub- 
division of this section; 

3. “The sinking fund for the redemp- 
tion of the city debt number two,” being 
the sinking fund for the redemption of 
the water bonds of the mayor, aldermen 
and commonalty of The City of New York 
issued by the said corporation between 
the first day of January, eighteen hundred 
and eighty-four, and January one, eight- 
een hundred and ninety-eight; 

4. “The sinking fund of the city of 
Brooklyn,” being the sinking fund for the 
redemption of the debt, except for water 
purposes, of the city of Brooklyn, as the 
debt existed prior to January one, eight- 
een hundred and ninety-eight,; 

5. “The water sinking fund of the city 
of Brooklyn,” being the sinking fund for 
the redemption of the bonds of the said 
city issued for water purposes prior to 
January one, eighteen hundred and ninety- 
eight; 

6. “The sinking fund of Long Island 
City for the redemption of revenue 
bonds;” 

7. “The sinking fund of Long Island 
City for the redemption of water bonds,” 
issued by said city prior to January one, 
eighteen hundred and ninety-eight; 

8. “The sinking fund of Long Island 
Cfty for the redemption of fire bonds,” 


28 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


issued by said city prior to January one, 
eighteen hundred and ninety-eight; 

9. "The sinking fund of The City of 
New York," being the sinking fund for 
the redemption of the corporate stock of 
The City of New York, other than for 
water purposes, issued since January one, 
eighteen hundred and ninety-eight; 

10. "The water sinking fund of The City 
of New York," being the sinking fund for 
the redemption of corporate stock of The 
City of New York issued for water pur- 
poses since January one, eighteen hun- 
dred and ninety-eight; 

11. The special sinking fund heretofore 
created for the redemption of corporate 
stock issued for purposes of rapid transit; 

12. Such special sinking funds as may 
hereafter be created for the redemption 
of corporate stock issued for purposes of 
rapid transit; 

Sec. 76. ‘‘The sinking fund of The City 
of New York," as the same now exists, 
shall be continued and shall have for its 
purposes the payment of the principal of 
the debt of the city incurred after Janu- 
ary one, eighteen hundred and ninety- 
eight, or which shall hereafter be in- 
curred as to which no provision for pay- 
ment, otherwise than from taxation is 
made; but revenue bonds, special revenue 
bonds, general fund bonds, bonds issued 
to provide for the supply of water and 
assessment bonds, shall not be a charge 
upon the said sinking fund. In determin- 
ing said debt there shall also be deducted 
the amounts annually received from the 
operation of any rapid transit railroad or 
railroads for the construction of which 
bonds have been or shall hereafter be 
issued pursuant to the provisions of the 
rapid transit act applicable to the city or 
any municipal corporation or territory 
embraced therein. For the redemption of 
such debt there shall be included annual- 
ly in the budget and paid into the sinking 
fund of The City of New York as hereto- 
fore created and hereby continued, an 
amount, to be estimated and certified by 
the comptroller, which, with the accumu- 
lations of interest thereon, shall be suffi- 
cient to meet and discharge such debt at 
maturity; and this amount shall not be 
subject to rejection or reduction by the 
council. 

Sec. 77. Whenever the bonds and stocks 
which are charges or liens on any sinking 
fund shall, in respect to any such sinking 
fund, be wholly discharged, the revenues 
of such sinking fund shall thereupon and 
thereafter be paid into the ‘‘sinking fund 
of The City of New York.” Whenever such 
payments shall be made, the comptroller 
in making the certificate to the board of 
estimate and apportionment as required 
by section seventy-six, shall take into ac- 
count the amount thereof, and the board 
shall deduct the same from the estimated 
amount to be included in each year’s 
budget as herein provided. 

Sec. 78. The fund known as the "sink- 
ing fund of The City of New York for the 
payment of interest" accruing and to ac- 
crue upon the stocks of said city until the 
same be fully and finally redeemed, shall, 
after providing for the interest on the 
bonds and stocks now payable therefrom 
as provided by law, form a fund which 
shall be transferred to the“sinking fundof 
The City of New York for the redemption 
of the city’s debt;” provided, however, that 
nothing herein contained shall authorize 
the payment from said fund of any inter- 
est which may accrue on bonds issued by 
the corporation of Ths City of New York 
since January first, eighteen hundred and 
ninety-eight, or which may hereafter be 
issued by the city. Like funds in any 
of the municipal or public corporations or 
parts thereof heretofore made part of 
the corporation of the City of New 
York, including the counties of Kings and 
Richmond, shall likewise be continued; 
and any surplus that may remain therein 
after fully satisfying all claims, liens or 
charges that may, pursuant to law or 
ordinance, exist against such funds shall, 
unless otherwise provided by law, be 
transferred to the “sinking fund of The 
City of New York." 


Sec. 79. 1. Between the city and its 
creditors, holders of its bonds and stocks, 
including the bonds or stocks of the 
municipal or public corporations or parts 
thereof consolidated to form The City of 
New York, and of the counties of Kings 
and Richmond, there shall be and there 
is hereby declared to be a contract that 
the funds and revenues of the city, of all 
other corporations herein mentioned and 
of said counties of Kings and Richmond, 
and the funds, pursuant to any law, to be 
collected from' assessments by this chap- 
ter pledged to the sinking fund for the 
redemption of the city debt, shall be ac- 
cumulated and applied only to the pur- 
poses of the said several sinking funds 
as prescribed by law, until all of said 
debt redeemable therefrom be fully re- 
deemed and paid as herein provided. 

2. No reduction shall be made in any of 
the rates or charges affecting any item 
or source of the revenue of any sinking 
fund or of the general fund, expect that 
places of public worship may be 
exempted from the payment of 
any fee for the construction of 
vaults under the sidewalk or in 
front thereof. All revenues of the city 
not by law otherwise specifically appro- 
priated, shall, when received into the city 
treasury, be credited to the general fund, 
except such proceeds of policies of insur- 
ance as shall be authorized by the board 
of estimate and apportionment to be ap- 
plied to repair, replace or reconstruct 
any public property injured or destroyed 
and covered by such insurance. 

Sec. 80. Nothing in this chapter shall be 
held to require or authorize the commis- 
sioners of the sinking fund to use or 
apply any of the revenues of the sinking 
fund for the redemption of the city debt 
or any of the accumulations in said fund, 
in such manner as to lessen or impair 
the security now furnished by said fund 
for the payment of the bonds and stocks 
of the corporation known as the mayor, 
aldermen and commonalty of The City of 
New York for the payment of which the 
said fund is now pledged by law; and the 
said bonds and stocks so secured by law 
are hereby declared to constitute a pre- 
ferred charge on said sinking fund until 
the same shall be fully and finally paid. 

Sec. 81. The “consolidated stock" of the 
mayor, aldermen and commonalty of The 
City of New York, issued pursuant to the 
provisions of section one hundred and 
seventy-six of chapter four hundred and 
ten of the law s of eighteen hundred and 
eighty-two, after full provision for the 
preferred bonds and stocks of said city, 
as in the preceding section specified, 
shall form a charge upon the said “sink- 
ing fund for the redemption of the city 
debt,” and any part of the bonded debt 
of said corporation due and not ex- 
changed for or redeemed from the pro- 
ceeds of said consolidated stock as pro- 
vided by law, may be paid from said 
“sinking fund of The City of New York, 
for the redemption of the city debt," 
provided such payment shall not in any 
way impair the preferred claims thereon 
as specified in the preceding section. 

Sec. 82. Whenever the revenues or in- 
come of any sinking fund will, in the 
opinion of the board, be less in any year 
than the amount required to pay the in- 
terest upon the bonds and stocks re- 
deemable from said fund and to provide 
a sum, which with the accumulation of 
interest thereon shall be sufficient to re- 
deem said bonds and stocks at their ma- 
turity, the board of estimate and appor- 
tionment shall include the amount of 
such deficiency in the annual budget for 
the year next ensuing to be raised by tax 
on the estates, real and personal, in said 
city, subject to taxation: and the amount 
so raised by tax shall, on the first day of 
November of the year in which the same 
shall be levied, be paid to the board as 
commissioners of the sinking fund for ac- 
count of the sinking fund in which the 
deficiency exists. 

Sec. 83. The board, acting as commis- 
sioners of the sinking fund, is author- 
ized and empowered to call in, pay and 
redeem any of the obligations of the city 


as defined in section eighty-four of this 
act, except revenue bonds, special rev- 
enue bonds and assessment bonds, and for 
this purpose may by resolution receiving 
at least twelve votes direct the comp- 
troller to issue and sell corporate stock 
at not less than par. All certificates so 
redeemed shall be cancelled forthwith. 


CHAPTER Vlli 

CORPORATE STOCK, BONDS AND 
OBLIGATIONS. 

Sec. 84. Obligations for the payment of 
money, other than contracts for work, 
materials and supplies, hereafter entered 
into or issued by the city, shall be of 
the following classes only, namely: 

1 . Assessment bonds; 

2. Revenue bonds; 

3. Special revenue bonds; 

4. General funds; 

5. Corporate 6tock. 

Corporate stock shall be of three classes 
only, namely: 

Class A. Redeemable from the sinking 
fund of The City of New York; 

Class B. Redeemeable from the water 
sinking fund of The City of New York; 

Class C. Redeemable from any sinking 
fund created pursuant to the provisions 
of the rapid transit act. chapter four of 
the laws of eighteen hundred and ninety- 
one, and the acts amendatory thereof. 

For the redemption and payment of all 
classes of obligations enumerated in this 
section, and the interest thereon, the 
faith and credit of the city shall be and 
are hereby pledged. 

Sec. 85. No obligations of the classes 
enumerated in section eighty-four shall 
be issued unless authorized by the bohrd 
of estimate and apportionment by at 
least twelve votes. All sums received by 
the city from the sale of any such obli- 
gations. in excess of the par or face value 
thereof, shall be paid into the general 
fund for the reduction of taxation. 

Sec. 86. The several classes of obliga- 
tions enumerated in section eighty-four 
are as follows, respectively; 

1. “Assessment bonds" — 

a. Obligations issued to provide means 
necessary to pay all damages awarded 
by commissioners of estimate and as- 
sessment in reports hereafter or hereto- 
fore confirmed in proceedings taken to 
open, widen or extend any street, park or 
parkway, or to acquire title to lands re- 
quired for any bridge, tunnel or approach 
thereto, the expense whereof is to be col- 
lected by assessment in whole or in part 
upon the property benefited, and the com- 
missioners’ fees and the costs and ex- 
penses of such proceedings, as taxed 
therein. These bonds shall be known as 
street and park opening assessment 
bonds. 

b. (1) Obligations issued to provide 
means necessary to pay all expenses in- 
curred or to be incurred on account of 
regulating, grading, curbing, flagging and 
paving streets, constructing sewers and 
drains, for the right of way required for 
sewers or drains, the expense of plans 
and surveys and the fees of commission- 
ers, and on account of all other work or- 
dered to the done by contract by virtue 
of any resolution of the board of esti- 
mate and apportionment or any local 
board the expense whereof is to be col- 
lected by assessment in whole or part 
upon the property benefited, or on ac- 
count of any local improvement or other 
public work heretofore executed or here- 
after to be executed under the provisions 
of any law in all cases in which such 
expense is to be paid in whole or part 
by assessment upon the property bene- 
fited. These bonds shall be known as 
street improvement fund bonds. 

b. (2) Obligations issued to meet the 
cost of restoring street pavements 
broken or damaged by any person or 
corporation authorized by permit to open 
the streets as provided in the adminis- 
trative code. The moneys collected pur- 
suant to the provisions of the adminis- 
trative code shall be set apart when col- 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


29 


lected as a trust fund and applied to the 
redemption of the principal and Interest 
of such bonds. 

b. (3) Obligations issued to provide the 
means necessary to pay the expense of 
any local improvement, the full expense 
whereof is not assessed upon the prop- 
erty benefited by such work because of 
sectiou two hundred and sixty-eight. 

c. Obligations issued when the amount 
In the street and park opening fund or in 
the street improvement fund shall be in- 
sufficient to meet and pay. as they be- 
come due and payable, any bonds thereto- 
fore issued by the city payable from said 
fuids respectively. 

d. Obligations issued to provide such 
amounts as may be required to meet 
when necessary deficiencies caused by de- 
lay in collecting arrears of assessment, 
the aggregate amount so issued not to 
exceed at any time the aggregate amount 
of arrears then outstanding not deemed 
collectible. 

2. "Revenue bonds" — bonds or obliga- 
tions issued in anticipation of the collec- 
tion of taxes and redeemable out of the 
tax levy for the year in which they are 
issued, and the amount of which in no 
year shall exceed the amount of such 
levy. 

3. "Special revenue bonds*' — bonds or 
obligations redeemable out of the pro- 
ceeds of the tax levy for the year imme- 
diately succeeding the year of their issue 
and for the full payment of which pro- 
vision shall be made in the budget for 
the year next following the year of their 
Issue; 

4. “General fund bonds"— bonds or ob- 
ligations the issue of which is authorized 
by section ninety-eight. 

5. "Corporate stock of The City of New 
York”— all other bonds or obligations 
which shall be issued only to provide 
means necessary to pay the cost of 

(1) Permanent improvements; 

(2) Acquisition of real property; 

(3) Acquisition of the rights of persons 
or corporations In and to franchises as 
defined in section five of this act; 

(4) Acquisition of lands and easements 
for rapid transit railroads and the con- 
struction and equipment thereof; 

(5) Redemption of corporate stock at 
maturity; and of assessment bonds au- 
thorized to be issued by this chapter; 

(6) Retirement and refunding of the 
city debt or any part thereof at any time 
existing; 

(7) Personal property of durable char- 
acter; but corporate stock shall not be 
issued for the purchase of personal prop- 
erty which is perishable or in the nature 
of a supply for ourrent use. 

Nothing herein contained shall be 
deemed to prohibit the issue of corpo- 
rate stock authorized or required to be 
issued by any statute in force imme- 
diately prior to the date when this act 
takes effect if all such stock sha^ not 
theretofore have been issued. 

Sec. 87. All obligations of the classes 
enumerated in section eighty-four shall 
be free and exempt from all taxation. 
Such obligations shall be in form as 
designated by the comptroller and mayor, 
and shall be signed by the comptroller, 
sealed with the common seal of the city, 
and attested by the city clerk. 

Sec. 88. The corporate stock of the city 
shall be in the .form of coupon stock or 
registered stock, and the certificates 
thereof shall be of such denominations 
of not less than ten dollars each as the 
comptroller may determine. It shall, at 
his option, be conditioned to be paid in 
gold coin or legal currency of the United 
States, or in sterling, francs, or marks, 
at a stipulated rate of exchange, and 
shall be made redeemable at a period of 
not less than ten years nor more than 
fifty years from the date thereof. 

Sec. 89. The interest to be paid on the 
obligations of the city authorized to be 
issued by this chapter, except interest 
upon revenue bonds and special revenue 
bonds, shall not exceed the rate of four 
per centum per annum on corporate 
stock, or five per centum per annum on 


assessment bonds; and interest on all 
obligations of the city shall be made pay- 
able at times and places to be fixed by 
the comptroller at the time of their issue. 

Sec. 90. All bonds and stock of the city 
which may hereafter be issued, except 
such bonds or stocks as may be pur- 
chased for investment of any sinking 
funds, shall be offered at public sale by 
the comptroller, and proposals therefor 
shall be invited by public advertisement 
for at least ten days; but the board of 
estimate and apportionment may author- 
ize the comptroller to issue revenue 
bonds or special revenue bonds without 
public advertisement. No proposals for 
less than the par value of such bonds or 
stock shall be received. Every bidder 
shall, at the time of his proposal, de- 
posit with the comptroller in cash, or by 
a certified check drawn to the order of 
the comptroller upon a trust company or 
a bank incorporated and doing business 
under the laws of this state, or upon a 
national bank, a sum to be fixed by the 
comptroller, not exceeding two and one- 
half per centum of the par value of the 
bonds or stock bid for in such proposal. 
Deposits other than those made by bid- 
ders to whom awards of 6uch bonds or 
stock are made, shall be returned to the 
bidders within three days after awards 
of the bonds or stock offered for sale 
shall have been made. Proposals for all 
or none of the bonds or stock offered for 
sale shall be received only from persons 
who shall also have bid for all or any 
part of the bonds or stock. Bidders may 
be required to accept part of the bonds 
or stock bid for by them at the prices 
specified in their bids, if such bids be 
not made for all or none. All proposals 
received shall be opened by the comp- 
troller in the presence of at least two 
other members of the board of estimate 
and apportionment. Bonds or stock of- 
fered for sale shall be awarded by the 
comptroller to the highest bidders there- 
for; and if said highest bidders shall fail 
to pay the amount bid by them for such 
bonds or stock, less the amount de- 
posited with their proposals, to tho 
comptroller, within five days after serv- 
ice upon them of -written notice of such 
award, the amount of said deposit shall 
be forfeited to and retained by the said 
city as liquidated damages, and shall 
thereafter be paid into the sinking fund 
of The City of New York for . the 
redemption of the city debt. The 
comptroller may, w’ith the appro- 
val of the board of estimate and 
apportionement, reject any or all bids re- 
ceived at any sale. If at any time any 
part of the bonds or stock so offered at 
public sale shall fail to be sold, the 
comptroller may sell the same at private 
sale, for not less than the par value 
thereof. 

Sec. 91. Upon the application of the 
owner, either in person or by attorney, 
any obligation of the foregoing classes 
shall be registered in the finance depart- 
ment, and such obligation shall there- 
after be transferable only upon the books 
of the city, and in accordance with reason- 
able rules to be prescribed by the comp- 
troller, and the fact of such registry 
and transfer shall be indorsed thereon 
by direction of the comptroller. Stocks 
or bonds which have been or may be 
issued in coupon form, may be registered 
in accordance with reasonable rules pre- 
scribed by the comptroller; and the in- 
terest- on all such coupon stock or bonds 
when so registered shall, as the same 
becomes due and payable, be paid in like 
manner as upon registered stock or bonds 
of the city. Whenever stock or bonds 
so registered shall have coupons attach- 
ed, the comptroller may, upon registra- 
tion, detach such coupons and cause the 
registration of such stock or bonds to be 
indorsed thereon, with a reference to this 
section. Such registration shall not af- 
fect the negotiability of the coupons be- 
longing to any coupon bond; but every 
such coupon shall continue to pass by de- 
livery and shall remain payable to bearer. 
Any registered bond may be discharged 


from registry by transfer in like manner 
upon the books of the city to bearer, and 
thereafter transferability by delivery 
shall be restored. Any registered bond, 
without coupons, may be transferred in 
like manner upon the books of the city, 
upon surrender of the certificate of stock 
or the bond for cancellation, accompa- 
nied by delivery of a written instru- 
ment of transfer, in a form approved 
by the comptroller, duly executed by the 
registered holder of such certificate of 
stock or bond, and thereupon a new reg- 
istered bond or certificate of stock for 
an equivalent sum shall be issued to 
the transferee or transferees. 

Sec. 92. The comptroller as authorized 
by the board of estimate and apportion- 
ment shall issue for such periods as he 
may determine, not exceeding ten years: 

1. Street and park opening bonds. 

2. Street improvement fund bonds. 

3. Assessment bonds authorized for 
other purposes. 

The purpose for which these several 
classes of assessment bonds shall be is- 
sued shall be briefly stated upon the face 
of each bond. 

Sec. 93. The fund heretofore establish- 
ed and now existing in the city treasury 
entitled the "fund for street and park 
openings” shall be continued and shall 
consist of 

1. Whatever cash balance in said fund 
may upon January first, nineteen hundred 
and ten, be on deposit in the city treas- 
ury; 

2. Whatever sums shall, under the pro- 
visions of law in force on December thir- 
ty-first, nineteen hundred and nine, be 
required to be paid into said fund; 

3. All moneys received from the sale -of 
assessment bonds known as street and 
park opening bonds; 

4. All moneys hereafter collected by the 
city for or on account of assessments 
made and confirmed or hereafter to be 
made and confirmed for opening any 
street, park or parkway or acquiring 
title to land required for any bridge, tun- 
nel or approach thereto; 

6. All moneys received from the sale of 
corporate stock to provide means to pay 
such proportion, if any, of the damages 
a-warded by commissioners of estimate 
and assessment in proceedings taken to 
open any street, park or parkway, or to 
acquire title to land required for any 
bridge, tunnel or approach thereto, and 
all the costs and expenses of such pro- 
ceedings, as the board 'of estimate and 
apportionment shall by resolution direct 
to be paid by the city. 

All damages awarded by the commis- 
sioners of estimate and assessment in re- 
ports heretofore or hereafter confirmed 
in proceedings taken to open any street, 
park or parkway or to acquire title to 
land required for any bridge, tunnel or 
approach thereto, all commissioners’ 
fees, and all costs and expenses of such 
proceedings shall be paid from said fund. 

Sec. 94. 1. All street and park opening 
bonds shall when due be paid from the 
fund for street and park openings; and 
in case said fund shall be insufficient for 
that purpose the comptroller, when there- 
to authorized by the board of estimate 
and apportionment, shall issue corporate 
stock for an amount sufficient to pay 
such street and park opening bonds; or 
may, for the like purpose and to the 
extent necessary, issue new street and 
park opening bonds. 

2. When the amount of the damages 
awarded in any report, together with 
commissioners’ fees and the expenses 
and costs shall exceed the balance 
remaining in said fund after deduct- 
ing all outstanding claims against 
said balance, the comptroller, when 
authorized by the board of esti- 
mate and apportionment, shall raise 
by the issue and sale of street and park 
opening bonds such amounts as shall be 
necessary to pay such damages, fees, 
costs and expenses, but not to exceed the 
amount of assessments remaining uncol- 
lected and a lien upon lands assessed 
for the benefit of street and park open- 


30 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


ings added to the amount of the assess- 
ments that remain to be imposed in pro- 
ceedings in which awards only have been 
confirmed: provided, however, that in 
each and every case in which by virtue 
of any existing statute or any statute 
hereafter enacted, or by virtue of any 
act or resolution heretofore or hereafter 
adopted by any board or body having 
Jurisdiction pursuant to any statute, the 
whole or any portion of the awards made 
in any proceeding and of the fees, costs 
and expenses thereof, are payable out of 
the fund for street and park openings 
and are not to be assessed upon the 
property benefited, but are to be paid by 
the city, the board of estimate and ap- 
portionment may direct the amount so to 
be paid by the city to be raised by the 
issue and sale of corporate stock, the 
proceeds of sale to be paid into the fund 
for street and park openings. 

Sec. 95. The fund heretofore and now 
existing in the city treasury and entitled 
the “street improvement fund” shall be 
continued and consist of 

1. All moneys received from the sale 
of street improvement fund bonds issued 
for the purpose of providing means to 
pay the cost of regulating, grading, curb- 
ing, flagging and paving streets, con- 
structing sewers and drains, for the right 
of way required for sewers and drains, 
the expense of plans and surveys, and 
the fees of commissioners, and all other 
work ordered to be done by the board of 
estimate and apportionment, or the ex- 
pense of which work is to be collected 
by assessment in whole or in part from 
the property benefited thereby, or issued 
on account of any local improvement or 
other public work heretofore executed or 
which shall hereafter be executed under 
the provisions of any law in all cases in 
which such expense is to be paid in 
whole or in part by assessment upon the 
property benefited; 

2. Cash balances of assessments here- 
tofore collected or to be hereafter col- 
lected on account of similar contracts 
duly entered into by the proper author- 
ities prior to January first, nineteen hun- 
dred and ten; 

3. Whatever sums shall under the pro- 
visions of law in force on December thir- 
ty-first, nineteen hundred and nine, be 
required to be paid into said fund; 

4. All moneys, not expressly pledged to 
any sinking funcT, collected by the city 
for or on account of assessments made 
and confirmed or hereafter to be made 
and confirmed against areas of benefit for 
any purpose described in subdivision one 
of this section: 

6. All moneys received from the sale 
of corporate stock issued to provide 
means necessary to pay the portion if 
any of the expense of such work which 
the board of estimate and apportionment 
may by resolution direct to be paid by 
the city; or issued to pay the expense 
of any local improvement in whole or in 
part, because the assessment therefor 
has been set aside in whole or in part. 

All street improvement fund bonds 
shall be paid from the street improve- 
ment fund. 

Sec. 96. Special revenue bonds. — The 
comptroller, as authorized by the board 
of estimate and apportionment, shall 
issue special revenue bonds to provide 
the means necessary to make payments 
for the following purposes: 

1. Expenses necessarily incurred in 
condemning unsafe buildings: 

2. Amounts audited and directed to be 
paid by the board of estimate and ap- 
portionment pursuant to subdivision one 
of section sixty-six of this act; 

3. The reasonable costs, counsel fees 
and expenses paid or incurred or which 
shall hereafter be paid or incurred by 
any head of department, city magistrate 
or judge of special sessions who shall 
have been a successful party to any pro- 
ceeding or trial to remove him from 
office, or who shall bring any action or 
proceeding in which his title to office is 
in any way involved; 

4. Such amounts as may be necessary 


to pay judgments recovered against the 
city; provided, however, that when such 
judgments shall have been recovered for 
county charges or liabilities of any of the 
counties included within the city, sep- 
arate accounts shall be kept thereof, and 
the amount of all special revenue bonds 
issued for such purposes shall be charge- 
able against the counties respectively in 
the year in which such bonds shall be 
redeemed; 

5. Sums necessary, as determined by 
the board of estimate and apportionment 
to meet the expenditures for the preven- 
tion of danger from contagious or in- 
fectious diseases, in excess of the ap- 
propriation made to the health depart- 
ment for any current year for that pur- 
pose; 

6. Claims, charges, expenses and appro- 
priations which have been or may lawful- 
ly be payable by the city and the several 
counties wholly included within its lim- 
its, and for which no other provision for 
payment has been made: and separate ac- 
counts shall be kept of the bonds issued 
and payments made on account of county 
charges and expenses, and the comptroller 
shall certify the amounts thereof to be 
raised by tax in the respective counties 
and to be included in the general fund for 
the reduction of taxation; 

7. Deficiency in the cost of operation 
and maintenance of all the ferries oper- 
ated by the city remaining after the ap- 
plication to such cost of all net rentals 
from ferries leased by the city and all 
revenues of ferries operated by the city. 

Sec. 97. Revenue bonds. — The comp- 
troller is authorized to borrow, from time 
to time, on the credit of the city, in an- 
ticipation of its revenues, such sums, not 
exceeding the estimate of said revenues, 
as may be necessary to meet the expend- 
itures under the appropriations for each 
current year, including such amounts as 
are to be raised by the city for county 
purposes. 

Sec. 98. General fund bonds. — The 
board shall, in each and every year until 
the maturity of all bonds and stock is- 
sued by the city as constituted prior to 
January first, eighteen hundred and nine- 
ty-eight, and redeemable from “the sink- 
ing fund of The City of New York for 
the redemption of the city debt," set 
apart out of the revenues and income of 
said sinking fund, except the income and 
accumulation thereof derived from assets 
held by said sinking fund on January 
first, nineteen hundred and three, and ex- 
cept also the income and accumulation 
thereof derived from the amount to be 
thus annually set apart, a sum which, 
with the accumulation of interest there- 
on, together with the said assets of said 
sinking fund and the earnings and ac- 
cumulations thereof, shall be sufficient to 
redeem at maturity all said bonds and 
stock redeemable from said fund. At 
least five weeks before the annual meet- 
ing of the council in each year for the 
purpose of determining the rate of taxa- 
tion, the board may certify to the council 
the amount, as estimated by it. of income 
from all sources of said sinking fund dur- 
ing the then calendar year, and the 
amount required by this section to be set 
apart for such calendar year out of such 
revenues and income for the redemption 
of bonds and stock to which said fund is 
pledged. If in any year the estimated 
amount of revenues or income of said 
fund, excepting the income and accumula- 
tion thereof derived from the assets held 
by said fund on January first, nineteen 
hundred and three, and from the amounts 
annually set apart for the redemption of 
bonds and stock as by this section re- 
quired, shall exceed the amount required 
to be set apart in such year as in this 
section provided, the board may at the 
time of making said certificate to the 
council, determine to invest the whole or 
any part of such excess in general fund 
bonds for account of "the sinking fund of 
The City of New York for the redemption 
of the city debt;" but such investment 
shall not be made in any year until the 
amount required by tliig sscuom M ho oet 


apart for such year, as provided herein, 
shall have been so set apart. The board 
shall then notify the comptroller of the 
amount, if any, which it has determined 
to invest in general fund bonds during 
the current year; the comptroller upon 
Its order, and upon receipt of the money 
thus to be invested, shall Issue and de- 
liver to the board for account of said 
fund, general fund bonds of the face value 
of the money received; and shall forthwith 
pay into the city treasury the money 
thus received, which shall be deemed to 
be a part of the general fund and be 
used for the reduction of taxation. Gen- 
eral fund bonds shall be issued to the 
board only, except as hereinafter In this 
section expressly provided, for account of 
“the sinking fund of The City of New 
York for the redemption of the city 
debt.” They shall be valid and binding ob- 
ligations of the city, and be subject to all 
provisions of law applicable to corporate 
stock of the city not inconsistent with 
this section. They shall bear such rate 
of interest, payable from taxation, not 
exceeding four per centum per annum, 
and not less than the rate on sinking 
fund investments made at the time in 
other corporate stock of said city, as 
shall be determined by the board. Said 
bonds shall be due and payable at such 
time as shall be determined by said 
board, but not earlier than the year nine- 
teen hundred and twenty-nine, and shall 
in all respects, except as in this section 
otherw'ise expressly provided, be like 
other corporate stock and bonds of the 
city. The rights, powers, duties and ob- 
ligations of the board of estimate and ap- 
portionment as <*>mmissioners of the 
sinking fund in respect of said general 
fund bonds, shall be the same in all re- 
spects, except as in this section expressly 
provided, as with respect of all other 
corporate stock of said city in said sink- 
ing fund. When all bonds and stock of 
the former city of New York redeemable 
from said fund shall have been paid, all 
general fund bonds therein shall be can- 
celed. If In any year It shall appear to 
the board the revenues and in- 
come of the said fund applicable 
thereto will be insufficient to provide 
the sum by this section required to 
be set apart in said year, the board 
shall include in the annual budget 
for the next ensuing year, a sum suffi- 
cient, when added to the amount of the 
estimated revenues and income for that 
year, to make good the deficiency; and the 
council shall have no power to reduce or 
reject any such appropriation. If at any 
time it shall be necessary. In order to 
provide for the redemption of said bonds 
and stock redeemable from said sinking 
fund, the board may purchase from said 
sinking fund for account of any other 
sinking fund in chapter six hereof speci- 
fied, or may sell at public sale to the 
highest bidder, such amount of general 
fund bonds then held by “the sinking fund 
of the City of New York for the redemp- 
tion of the city debt” as may be necessary 
for that purpose. Whenever such general 
fund bonds are so purchased for other 
sinking funds of the city, or are so sold at 
public sale, they shall be a charge upon 
“the sinking fund of The City of New 
York.” and there shall be raised annually 
by taxation and paid into “the sinking 
fund of The City of New York" a sum 
which, with the accumulation of interest 
thereon, shall be sufficient to redeem said 
bonds at maturity. 

CHAPTER Vin. 

THE ADMINISTRATIVE DEPART- 
MENTS. 

TITLE 1. 

GENERAL, PROVISIONS. 

Section 99. Except as otherwise ex- 
pressly provided by law, the head of every 
department may appoint and remove all 
officers and employees under his control 

i without reference to the tenure of office 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


31 


of such person appointed or employed. 

1. The number of officers and em- 
ployees in any department, and the salary 
or compensation of each, shall be such as 
the board of estimate and apportionment 
shall prescribe and make provision for in 
.the budget. 

2. The head of every department and 
all officers of counties included in the 
city may make ratable deductions from 
the salaries and wages of the officers and 
employees under their control respective- 
ly on account of absence from duty with- 
out leave; but no such deduction shall be 
made in those departments or offices in 
which a fine or penalty may be imposed 
and where such fine or penaity shall have 
been imposed for such absence. 

3. No person holding a position in the 
classified municipal civil service subject 
to competitive examination shall be re- 
moved until he has been allowed an op- 
portunity of making an explanation; and 
the true grounds of removal shall in 
every case be forthwith entered upon the 
records of the department, office, board or 
commission, and a copy thereof, with a 
copy of the charges and the defense there- 
to, if any, shall be filed with the munici- 
pal civil service commission. 

Sec. 100. 1. The head of each depart- 
ment other than the tax department, the 
health department, the park department, 
the board of education and Bellevue and 
allied hospitals, may appoint and at 
pleasure remove a deputy who, during 
his absence or inability to act, shall pos- 
sess his powers and perform his duties 
except as herein otherwise provided - 
during a vacancy in the office of head 
of the department, the deputy so ap- 
pointed shall act as head thereof. 

-. Subject to provisions therefor in the 
budget, the head of every such depart- 
ment may also appoint a deputy in each 
or any borough. N 0 person shall be ap- 
pointed a deputy in any borough unless 
at the time of his appointment he shall 
be and for five years immediately prior 
thereto shall have been a resident of the 
borough; removal from the borough shall 
vacate his office. 

3. Subject to the provisions of this act 
and of the administrative code, a deputy 
shall perform the duties prescribed by 
the head of his department. 

Sec. 101. Where an officer is authorized 
by this act or the administrative code to 
call and examine witnesses, or to make 
any inquiry, he may compel by subpoena 
the attendance of witnesses and the pro- 
duction of documents, books, and papers 
before him with respect to the subject 
of inquiry, and may administer oaths to 
witnesses. Any deputy may be designated 
by the head of his department to take 
such examination. But this section shall 
not apply to the trial of members of the 
police and fire forces under sections one 
hundred and fifty-three and one hundred 
and eighty-one of this act. 

Sec. 102. All the authority, jurisdiction, 
rights, powers, duties and obligations 
vested in or imposed upon any depart- 
ment at the time this act takes effect, 
are continued, except as in this act or in 
the administrative code otherwise specifi- 
cally provided. The head of each depart- 
ment shall prescribe the duties of its 
officers and employees, in conformity 
with this act and the administrative 
code, and may adopt general rules and 
regulations for the government of the 
department and the conduct of the public 
business therein not inconsistent with the 
provisions of this act. of the adminis- 
trative code or of the ordinances of the 
council. All rules and regulations in 
force in the different departments at the 
time this act take® effect are continued 
unti' altered or amended. But no alter- 
at.’ons or amendments hereafter made, 
and no rules and regulations hereafter 
adopted, shall take effect until approved 
by the mayor. 

Sec. 103. The board of estimate and an- 
portionment may authorize the establish- 
ment of a branch office of any depart- 
ment in any borough. The main office of 
every department shall be in the bor- 
ough of Manhattan. 


Sec. 104. The police pension fund, the 
fire department relief fund, the public 
school teachers’ retirement fund, and the 
health department pension fund, as they 
are severally constituted or provided for 
by law at the time this act takes effect, 
are hereby severally continued and shall 
be administered as provided in the ad- 
ministrative code. 

Sec. 105. Wherever used in any chapter 
or title of this act. unless the context or 
subject matter otherwise requires, the 
words “the board.” “the department” or 
“the commissioner” (with or without the 
article), shall mean the board, depart- 
ment or commissioner whose duties and 
powers are prescribed in such chapter or 
title. 

TITLE 2. 

FINANCE DEPARTMENT, 

Sec. 106. The comptroller shall be 
elected at the general election in the 
year nineteen hundred and nine and 
every four years thereafter, and shall 
hold his office for the term of four years. 
He shall give a bond to the city in the 
sum of two hundred and fifty thousand 
dollars, conditioned upon the faithful dis- 
charge of his duties, the sureties thereon 
to be approved by the mayor. His salary 
shall be twenty thousand dollars a year. 

Sec. 107. A vacancy in the office of 
comptroller shall be filled by appoint- 
ment by the remaining members of the 
board of estimate and apportionment, 
each casting one vote, the appointee to 
hold office until the first day of January 
next succeeding the first annual election 
after the happening of the vacancy. 

Sec. 108. The comptroller shall be the 
auditor, controller of accounts and chief 
disbursing officer of the city. Subject to 
rules and regulations adopted by the 
board of estimate and apportionment, bo 
shall prescribe the forms of keeping and 
rendering all city accounts, and the man- 
ner in which all creditors, officers and 
employees of the city shall be paid. 

Sec. 109. 1. No claim against the city or 
any county included therein, payable in 
the first instance from the city treasury 
for services rendered, work done or ma- 
terials or supplies furnished, except (1) 
claims reduced to judgment; (2) awards, 
costs, charges and expenses duly taxed ,or 
ordered paid in judicial proceedings; (3) 
claims arising under the provisions of 
contracts made at public letting; or (4) 
claims settled and adjusted by the board 
of estimate and apportionment; shall be 
paid unless the comptroller shall certify 
that the charges therefor are just and 
reasonable; and, except as herein above 
otherwise provided, all bills and vouch- 
ers for any such services, work, mate- 
rials or supplies, shall be subject to audit 
by the department of nnance. 

2. The "comptroller chall not dispute 
the amount of any salary or compensa- 
tion established by law or by or under 
the authority of the board of estimate 
and apportionment, nor shall he question 
the performance of duty by any appointed 
officer or employee, unless necessary to 
prevent fraud or waste. 

Sec. 110. In addition to such other bu- 
reaus as may be authorized by the board 
of estimate and apportionment., there 
shall be in the finance department: 

1. A bureau of audit, the head of which 
shall be known as “chief auditor"; 

2. A bureau of accounts, the head of 
which shall be known as “chief book- 
keeper"; 

3. A bureau of disbursements, the head 
of which shall be known as “city paymas- 
ter”; 

4. A bureau of records, the head of 
which shall be known as “custodian of 
records.” 

The duties of these bureaus shall be as 
authorized in the administrative code. 

TITLE 3. 

THE CITY TREASURY. 

Sec. 111. The chamberlain shall be the 
treasurer of the city and of each of the 
counties included therein. He shall bo 


the custodian of all moneys belonging to 
the city, shall deposit them in such banks 
or trust companies as shall have been 
designated pursuant to section sixty- 
seven of this act, and shall pay all war- 
rants drawn on the treasury by the 
comptroller. No money shall be paid out 
of the treasury except upon warrants so 
drawn. The chamberlain shall give a 
bond to the city in the sum of three 
hundred thousand dollars for the faith- 
ful discharge of his duties. 

Sec. 112. There shall be in the depart- 
ment the following bureaus: 

4. A bureau of the pity treasury, the 
head of which shall be known as “chief 
of the bureau of city treasury”; 

2. A bureau of revenue, the head of 
w'hich shall be known as “receiver of 
taxes and revenues”; 

3. A bureau of licenses, the head of 
w'hich shall be known as “chief of the 
bureau of licenses.” 

Sec. 113. All the provisions of the code 
of civil procedure relating to a county 
treasurer shall apply to the chamber- 
lain as the treasurer of each of the 
counties included wdthin the city. 

Sec. 114. In addition to performing his 
duties as treasurer of the city and of 
the counties included therein, the cham- 
berlain shall act as the custodian, agent 
or collector of such funds as may be 
designated, and perform such duties as 
may bo prescribed, by any law of the 
state 

TITLE 4. 

TAX DEPARTMENT. 

Sec. 115. The department shall consist 
of the board of taxation, the deputy tax 
commissioners, and other persons em- 
ployed in the duties of the department. 
The board of taxation shall consist of a 
president. w - ho shall be designated in his 
appointment, and six other persons, who 
shall be called tax commissioners, one of 
whom shall bo an attorney and counselor 
admitted to practice in the courts of 
record of this state, of not less than five 
years’ standing. Not more than five com- 
msissioners. including the president, shall 
belong to the same political party on 
state and national issues. Three of the 
commissioners, only two of whom shall 
belong to the same political party shall 
be residents of the borough of Manhat- 
tan; and each of the other boroughs shall 
be represented in the board by at least 
one commissioner resident therein at the 
time of his appointment. 

Sec. 116. The board shall appoint deputy 
tax commissioners, the number of whom 
shall be fixed by the board of estimate 
and apportionment. In appointing 
deputy tax commissioners the board 
shall apportion such appointments, as 
nearly as practicable, among the several 
boroughs according to the population 
thereof. No person shall be appointed 
deputy tax commissioner unless, at the 
time of his appointment, he be. and for 
at least one year prior thereto shall have 
been, an elector in the borough from 
which he is appointed. 

Sec. 117. The tax department shall. In 
the manner herein and in the adminis- 
trative code provided: 

1. Maintain an office in each borough; 

2. Assess all property w'hich is taxable 
in the city at its full value except as 
otherw’ise expressly provided by law; 

3. Make all assessments for each year 
as of the first of January of such year; 

4. Make assessment-rolls for each year 
as herein provided and preserve the 
same; 

5. Make, and complete before the sec- 
ond Monday of January in each year, but 
subject to corrections and additions, the 
e^try of all assessments, except assess- 
ments of special franchises and of shares 
of stock of banks and banking associa- 
tions; 

6. Make, and complete, before the first 
day of March of each year, the entry of 
assessments for shares of stock of banks 
and banking associations, subject to cor- 


32 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


rections and additions as in the admin- 
istrative code provided; 

7. Open on the second Monday ot Jan- 
uary in each year the assessment-rolls 
for public inspection, examination and 
correction ; 

8. Hear applications to reduce or can- 
cel assessments and confirm, reduce or 
cancel assessments; 

9. Transmit to the council the state- 
ments prescribed in section one hundred 
and twenty -six; 

10. Prepare from the assessment-rolls 
a tax roll, and extend taxes, at the tax 
rate certified t>y the council, against as- 
sessments upon the tax roll for each year, 
other than assessments of shares of slock 
of banks and banking associations; 

11. Deliver the completed tax roll for 
each year to the receiver of taxes and 
revenues on or before the fifteenth day 
of September of each year. 

Sec. 118. The tax department shall 
have power: 

1. To enter upon real property and 
into buildings and structures thereon at 
all reasonable times, in order to make 
such examination as is necessary to ascer- 
tain the value for purposes of taxation; 

2. To compel the attendance of wit- 
nesses upon examinations in respect of 
the correction, reduction or cancellation 
of assessments; 

3. To administer oaths by a commis- 
sioner or other person designated by the 
board for that purpose. 

Sec. 119. The entry of an assessment 
of real property upon the assessment roll 
shall contain 1. A description of the 
property reasonably sufficient for its 
identification; 2. the name of the owner, 
if known; 3. a statement of its assessed 
value- To the assessment of improved 
land assessed by parcel numbering there 
shall be added a statement, which shall 
not be deemed to be a part of the assess- 
ment, showing the value of the land, ap- 
praised as if unimproved. If an assess- 
ment of real property be entered upon 
the assessment-roll by parcel numbering, 
an omission of the name of the owner or 
an error in the statement of his name 
shall not affect the validity of the assess- 
ment. If an assessment of real property 
be entered upon the assessment-roll in 
the name of the owner, only a substantial 
error in the name shall render the as- 
sessment invalid. An entry by parcel 
numbering, or an entry of an identifica- 
tion number of real property thereby in- 
dicated or described upon the tax maps, 
shall be deemed to incorporate into the 
assessment-roll the entire corresponding 
indication of location and description 
shown upon the tax maps by the refer - 
ence.No assessment of real property shall 
be deemed to be erroneous or illegal be- 
cause of any division of title or owner- 
ship of the property assessed. 

Sec. 120. The entry of. an assessment 
of personal property upon the assess- 
ment-roll shall contain (1) the name of 
the owner; (2) a statement of the amount 
of the assessment. Names of owners 
shall be arranged alphabetically. Only a 
substantial error in the name of the 
owner shall render an assessment invalid. 

Sec. 121. Except as herein or in the ad- 
ministrative code otherwise provided, all 
matters respecting the form of the as- 
sessment-roll and the entry of assess- 
ments thereon shall be in the discretion 
of the tax department. 

Sec. 122. The assessment-roll shall be 
open to public inspection between the 
second Monday of January and the thirty- 
first day of March, both inclusive, in each 
year, and also during the month of July 
in each year, at such reasonable hours 
of each day except Sundays and public 
holidays, and under such reasonable reg- 
ulations as the department shall deter- 
mine. 

Sec. 123. Application to reduce or cancel 
any assessment may be made in the 
manner and within the times prescribed 
in the administrative code. 

Sec. 124. The department may reduce 
or cancel, or may increase any assess- 
ment at any time prior to the first day 


of July in the year in which the assess- 
ment is made. No assessment shall be 
increased nor shall any change be made 
in a namo or description, except after 
notice in writing to the party in interest 
given prior to the first day of June in 
said year. 

Sec. 125. The department may, prior 
to the first day of July in any year, 
add any assessment to the assessment- 
roll for the year, provided notice 
thereof be given to the party In in- 
terest prior to the first day of June in 
such year. Assessments of special fran- 
chises and shares of stock of banks and 
bunking associations entered in pursu- 
ance of law, upon the assessment-roll, 
after the second Monday of January, shall 
not be deemed added assessments. 

Sec. 126. The department shall on or 
before the first day of July in each year 
send to the council a statement certified 
by the board of the aggregate amount of 
all assessed valuations, as corrected, of 
property on the books of the assessment- 
roll for such year, except the assessed 
valuations of shares of stock of banks and 
banking associations, also, with the same 
exception, the aggregate amount of the 
assessed valuations of property on the 
books of the assessment-roll kept in each 
borough, and of the amount of taxes which 
will be levied upon stocks of banks and 
banking associations for said year. The 
council shall determine the rate of taxa- 
tion for all purposes in each county with- 
in the city for each year, and certify the 
rates so determined to the tax depart- 
ment on or before the fifteenth day of 
July of each year. In determining such 
rates the council shall fix each rate in 
cents and hundredths of a cent upon each 
dollar of assessed valuation. 

Sec. 127. The department shall, on or 
before the fifteenth day of September in 
each year, prepare a tax-roll which shall 
consist of a clear copy of the assessment- 
roll as corrected, divided as the assess- 
ment-roll is divided. It shall compute 
the tax upon each assessment upon the 
tax-roll, except assessments of shares of 
stock of banks and banking associations, 
at the rate certified by the council, and 
enter the proper tax upon the tax-roll 
opposite each assessment. In entering 
taxes fractions of a cent shall be rejected. 
Each book of the tax-roll shall be authen- 
tioated by a statement of the year for 
which it is made and by the written sig- 
nature of at least one of the commission- 
ers, and be forthwith delivered to the re- 
ceiver of taxes and revenues. And such 
authentication and delivery of the tax-roll 
shall be the warrant for the collection 
of the taxes, so authenticated. The de- 
partment shall simultaneously with such 
delivery notify the comptroller of the 
amount of taxes in order that he may 
cause the proper sum to be charged to the 
receiver for collection. 

Sec. 128. The taxable status of all per- 
sons and property assessable for taxation 
in the city shall be fixed for each year on 
the first day of January of such year. 

Sec. 129. All taxes shall be one and 
payable in the month of October of the 
year in which said taxes are levied. Each 
tax- upon real property shall, on the first 
day of October in such year, be a lien 
upon the real property assessed, and shall 
continue a lien thereon until paid, and 
shall be preferred in payment to all other 
liens If not paid in the month of October 
interest shall be payable upon the tax 
from the first day of October until the 
date of payment at the rate of seven per 
centum per annum. 

Sec. 130 The department may appor- 
tion an assessment, as between separate 
and divided ownerships in the property 
to which the assessment relates. Such 
apportionment shall be in the manner 
prescribed in the administrative code, and 
shall be evidenced as therein provided. 

Sec 131 This act and the administra- 
tive code shall be deemed public notice 
of the imposition of all assessments for 
purposes of taxation, except assessments 
added to the assessment-roll In any year 
after the second Monday of Jannuary of 


such year, and of the times for making all 
applications for reduction or cancellation 
of assessments, and of the imposition of 
all taxes and interest charges, and of the 
times for payment of taxes and interest in 
each year; and no other notice need be 
given either to the public or to any party 
interested in a tax or an assessment for 
taxation. 

TITLE 5. 

THE LAW DEPARTMENT. 

Section 132. The corporation counsel 
shall: 

1. Be the attorney and counsel for the 
city, the board of estimate and apportion- 
ment, the council, and for every officer, 
department, bureau, board and commis- 
sion of the city; 

2. Except as otherwise provided by 
law, appear, in behalf of the city, in and 
have charge and control of all actions, 
special proceedings, and other legal pro- 
ceedings in which the city may be a party, 
or in any manner interested; 

3. Institute actions and proceedings, 
whenever directed by the board of esti- 
mate and apportionment; but this sub- 
division shall not be construed as limit- 
ing or intending to limit the right of the 
corporation counsel to institute and main- 
tain actions, as provided in section one 
hundred and thirty-three; 

4. Prepare all contracts, deeds, leases, 
bonds and other legal papers for the city 
and the several departments and offices 
thereof, and approve the same as to form 
before execution. Whenever the board of 
estimate and apportionment shall have 
prescribed the standard in any class of 
supplies or materials, or made any deter- 
mination with respect to the terms, condi- 
tions and specifications of any contracts 
pursuant to the provisions of section 
sixty-eight of this act, the corporation 
counsel shall accompany his approval as 
to form of any such contract with a cer- 
tificate that the same conforms to the 
requirements of the board of estimate and 
apportionment. 

Sec. 133. The corporation counsel shall 
have the right, and it shall be his duty, 
to maintain, defend and establish the 
rights of the city, to sue for moneys or 
revenue belonging thereto, and to enforce 
the ordinances of the council and the laws 
of the state relative to the city. 

Sec. 134. The corporation counsel shall 
not, without the approval of the board of 
estimate and apportionment, compromise 
or settle any action or special proceeding 
brought by or against the city or any 
officer or department thereof, or offer, 
suffer, confess or permit judgment there- 
in, if the relief demanded be other than a 
money judgment, or if the amount of any 
such compromise, settlement, offer or 
confession shall exceed the sum of one 
thousand dollars. Nothing herein con- 
tained. however, shall operate to limit* or 
abridge the discretion of the corporation 
counsel in regard to the proper conduct 
of the trial of any action or proceeding, 
or to deprive him of the power or privil- 
eges ordinarily exercised in the course of 
litigation by attorneys and counselors-at- 
law acting for private clients. 

Sec. 135. The corporation counsel mar 
appoint and at pleasure remove a first 
assistant corporation counsel who, during 
the absence or inability of the corpora- 
j tion counsel to act, shall possess all his 
powers and perform all his duties. Dur- 
ing a vacancy in the office of corporation 
counsel, the first assistant shall act as 
corporation counsel. The corporation 
counsrl may also appoint as many assist- 
ant corporation counsel as may be au- 
thorized by the board of estimate and 
apportionment. 

Sec. 136. Neither the corporation coun- 
sel nor any of his assistants shall appear 
as attorney or counsel in any action or 
special proceeding in any court, or before 
any tribunal except in the discharge of his 
official duties. The corporation counsel 
may appear in any action or proceeding, 
! criminal or civil, brought against any 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


33 


officer or employee in the service of the 
city or of any county therein, by reason 
of any act done or omitted in the per- 
formance of duty, provided that, in the 
case of any employee, such appearance 
shall be requested by the head of the de- 
partment, office or bureau in which he is 
employed. 

Sec. 137. In addition to such other 
bureaus as may be established in the law 
department by authority of the board of 
estimate and apportionment, there shall 
be a bureau of street openings, a bureau 
for the recovery of penalties and a bu- 
reau for the collection of arrears of per- 
sonal taxes, each of which shall be in 
charge of an assistant designated by the 
corporation counsel. 

Sec. 138. The corporation counsel shall 
have a branch office in the borough of 
Brooklyn. 

Sec. 139. No officer shall have or em- 
ploy any attorney or counsel in any action 
or proceeding to which the city or such 
officer is a party, unless the judgment or 
order which may be entered therein may 
affect the tenure of office, property rights 
or personal liberty of such officer, in 
which case he may employ and be rep- 
resented by attorney or counsel at his 
own expense. 

TITLE 6. 

POLICE DEPARTMENT. 

Section 140. No person shall be ap- 
pointed police commissioner unless he 
shall be a citizen of the United States 
and shall have been a resident of the city 
for at least two years immediately pre- 
ceding his appointment. The police com- 
missioner shall be appointed for a term 
of ten years and may be removed by the 
mayor whenever in ^lis judgment the pub- 
lic interests shall require; or the gov- 
ernor may remove She commissioner after 
giving him a copy of the charges against 
him and an opportunity of being heard 
in his defense. The reasons for such 
removal shall be stated in writing, in 
duplicate; one copy of such statement 
shall be filed in the office of the secretary 
of state and the other in the office of the 
city clerk, and each shall be a public 
record. 

Sec. 141. The commissioner shall ap- 
point and may at pleasure remove four 
deputy police commissioners, to be known 
respectively as first, second, third and 
foarth deputy police commissioners, each 
of whom shall have the qualifications in 
respect to citizenship and residence pre- 
scribed for the commissioner. The deputy 
commissioners shall have such powers and 
duties, other than the power to make 
appointments and transfers, as the com- 
missioner may assign or delegate to them, 
provided that at least one of them shall 
be assigned to duty in the borough of 
Brooklyn, and shall have his office at the 
headquarters in said borough. In the 
absense or disability of the commissioner, 
the deputy commissioner highest in rank 
and not absent or disabled, shall possess 
all the powers and perform all the duties 
of the commissioner, except the power to 
make appointments. 

Sec. 142. The commissioner shall also 
appoint and may at pleasure remove a 
trial deputy commissioner, who shall have 
the qualifications in respect to citizenship 
and residence prescribed for the commis- 
sioner and shall be an attorney and coun- 
selor-at-law, admitted to practice in the 
courts of this state at least ten years 
prior to the date of his appointment. The 
trial deputy commissioner shall perform 
no duties other than to examine, hear, in- 
vestigate and try charges made or pre- 
ferred against members of the police force 
and render decisions thereon, as herein- 
after provided. 

Sec. 143. The commissioner shall have 
cognizance and control of the government 
and administration of the police depart- 
ment and of the direction, disposition and 
discipline of the police force. Except as 
otherwise provided by law, be may make, 


adopt, amend, alter and enforce rules, 
orders and regulations, necessary for the 
discipline of said force, for the exercise of 
all powers granted to him, and for the 
efficient performance of all duties imposed 
upon him and upon the department and 
persons therein. He shall prescribe the 
uniforms, shields, emblems, insignia and 
weapons to be worn, displayed and used, 
and shall regulate the wearing, display 
and use thereof, by the members of the 
police force. 

Sec. 144. The police force as consti- 
tuted at the time this act takes effect is 
continued, subject to the provisions here- 
of and of the administrative code. There 
shall be a superintendent of police who 
shall, under the direction of the commis- 
sioner, be the chief executive officer of the 
force and be chargeable -with and respon- 
sible for the control and discipline there, 
of and the execution of all rules and regu- 
lations of the department. The superin- 
tendent shall be selected from the mem- 
bers of the force in the manner prescribed 
in the administrative code; and in the 
absence or disability of the superinten- 
dent, the commissioner shall designate a 
member of the force to act temporarily as 
superintendent, as in said code provided. 

Sec. 145. There shall be in the depart- 
ment, in addition to sucn other bureaus 
as may be established therein by the 
board of estimate and apportionment: 

A detective bureau, the head of which 
shall be known as “chief of detectives”; 

A stolen property bureau, the head of 
which shall be known as “property clerk.” 

The main office of the detective bureau 
shall be at tho headquarters of the de- 
partment, and a branch office thereof 
shall be maintained at the headquarters 
in the borough of Brooklyn. 

Sec. 146. Subject to the provisions of 
this act, the administrative code and 
other laws, the commissioner shall have 
power: 

1. To appoint and remove, and to retire 
and relieve from duty, the members of 
the police force. No person shall be ap- 
pointed to or continue to hold member- 
ship in the force who is not a citizen of 
the United States, or who has ever been 
convicted of felony or dismissed from the 
force, or who does not reside within the 
city, or who shall not have resided within 
the state at least one year next preceding 
his appointment; but irrespectively of 
previous residence without the state, 
skilled officers of experience may be ap- 
pointed for deteotlve duty. No person 
under twenty-five or over thirty years of 
age shall hereafter be appointed a mem- 
ber of the force other than a police ma- 
tron; but a person whose name shall have 
been placed on the civil service eligible 
list may be appointed, while his name re- 
mains thereon, although he may mean- 
while have attained the age of thirty 
years. No person shall receive a per- 
manent appointment in the force without 
having first served a probationary period 
of at least three months therein: 

2. To assign, and transfer or change 
the assignments of, members of the force, 
to duty; such assignments and changes 
thereof or transfers, except in the case 
of police surgeons, to be made on the 
recommendation of the superintendent: 

3. To grant leaves of absence to mem- 
bers of the force; and to promote mem- 
bers of said force; such promotions to be 
made on the basis of seniority, meritori- 
ous police service and superior capacity, 
as shown by competitive examination. In- 
dividual acts of personal bravery maj' be 
treated as an element of meritorious 
service in such examination, the rating 
therefor to be fixed by the municipal civil 
service commission: 

4. To appoint and at pleasure remove 
special patrolmen for purposes authorized 
by law: 

5. To establish mounted patrols; to 
procure, use and operate, or cause to 
be operated, rowboats, steamboats, or 
boats propelled by other power, for police 
service in the waters in and about the 
city; and to erect, operate, supply and 
maintain telegraph and telephone lines to 


and between such places in the city as 
may be necessary for the purposes of the 
department; 

6. To direct, control, restrict and regu- 
late. in the interests of public safety, 
health and convenience, the movement of 
pedestrian, animal and vehicular traffic 
of every kind in streets, parks and public 
places, and to make regulations in regard 
thereto: 

i. To establish, provide and furnish 
station houses; to fix the boundaries of 
precincts; and to establish and maintain 
headquarters or central stations in any 
borough; and a headquarters shall be 
maintained in the borough of Brooklyn: 

8. To offer rewards to induce the giving 
of information leading to the detection, 
arrest and conviction of persons guilty 
of homicide, arson, or knowingly receiv- 
ing stolen goods, and to pay such re- 
wards to the person or persons giving 
such information, but no such reward 
shall be offered unless there be an un- 
expended appropriation therefor: 

9. To exercise general powers of su- 
pervision and inspection within the city 
over, and to receive periodica! reports 
from, all lioensed or unlicensed pawn- 
brokers, vendors, junkshop keepers, junk 
boatmen, cartmen, dealers in second- 
hand merchandise, intelligence office 
keepers, immigrant boarding house keep- 
ers, runners and auctioneers, and over all 
places of public amusement or for public 
exhibitions, and places or persons having 
excise or other licenses to carry on any 
business; 

10. To grant and issue permits for 
street parades and processions; for the 
giving of masked balls or entertainments, 
and for the carrying of pistols in the 
city; 

11. To make any inquiry necessary to 
the performance of any duties imposed 
upon him or the department, and for that 
purpose to call and examine witnesses. 
All subpoenas shall be attested in the 
name of the commissioner. The commis- 
sioner, each of his deputies, including 
the trial deputy, the chigf clerk, and the 
first and second deputy clerks of the de- 
partment, may administer oaths or af- 
firmations to any person in any matter 
pertaining to or connected with the de- 
partment or the performance of its du- 
ties, including oaths of office which may 
be taken or required in the administra- 
tion of affairs thereof. Members of the 
force shall have power to administer 
oaths or affirmations in the cases pre- 
scribed in the administrative code. 

12. The commissioner shall have the 
powers and perform the duties with re- 
gard to the appointment of police mat- 
rons, conferred upon him and required 
of mayors of cities or the boards of com- 
missioners of police thereof. 

Sec. 147. Notwithstanding any other 
provision of this act or the administra- 
tive code, the comptroller shall pay over 
and advance from time to time to the 
commissioner any portions of the appro- 
priation made to the department for 
contingent expenses, not exceeding ten 
thousand dollars at any one time, for 
which requisition may be made by the 
commissioner, provided such requisition 
be approved by the mayor. The commis- 
sioner shall transmit to the department 
of finance the original vouchers for the 
payment of all sums of money disbursed 
by him on account of such contingent ex- 
penses; and no greater sum than ten 
thousand dollars in excess of the amount 
duly accounted for by said vouchers shall 
be advanced to the commissioner at any 
one time. 

Sec. 148. The department, the commis- 
sioner and the deputy commissioners, the 
superintendent, and all members of the 
police force, shall, within the boundaries 
of the city, enforce ail criminal laws and 
shall vigilantly, at all times of day and 
night, preserve the public peace; pre- 
vent crime; detect and arrest offenders; 
suppress riots, mobs and insurrections; 
disperse unlawful or dangerous assem- 
blages and assemblages which obstruct 
the free passage of streets, parks and 
public places; protect the rights of p**<» 


34 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


sons and property; guard the public 
health; preserve order at elections and 
all public meetings and assemblages; re- 
move all nuisances in streets, parks or 
public places, and arrest all street mendi- 
cants and beggars; provide proper police 
attendance at fires; assist, advise and 
protect immigrants, strangers and trav- 
elers in streets, at steamboat and ship 
landings and at railroad stations; observe 
and inspect all places of public amuse- 
ment, all places of business having ex- 
cise or other licenses; suppress all dis- 
orderly and unlawful houses and places; 
icpress and restrain all disorderly and 
unlawful conduct and practices; and. 
generally, enforce and prevent the viola- 
tion of all lavrs and ordinances in force 
In the city. 

Sec. 149. Any member of the force may 
arrest without warrant any person who 
shall commit, or threaten or attempt to 
commit, in the presence of such member 
or within his view', any breach of the 
peace or any offense or act prohibited 
by this charter, the administrative code, 
any law, or ordinance, or who shall, in 
the presence or within the view of 
such member, resist, obstruct or 
interfere with the lawful enforce- 
ment of any , law or ordinance or 
of any official order or regulation made 
pursuant thereto. Members of the force 
shall possess in the city and throughout 
(he state all the common law and statu- 
tory powers of constables, except for the 
service of civil process, and any warrant 
for search or arrest issued by any magis- 
trate within the state may be executed 
in any part thereof by any member of 
such force. No person other than a mem- 
ber of the force, or a peace officer, or a 
United States marshal or deputy, shall 
serve any criminal process within the 
city. 

Sec. 150. The department shall co-ope- 
rate with the health, fire and other de- 
partments, as prescribed in this act, in 
the administrative code or by ordinance. 
The commissioner shall detail members 
of the force to the service of other de- 
partments and to attendance upon courts 
or in public offices, as prescribed in the 
administrative code. Unless authorized 
or required by law, no transfer, detail or 
assignment to special duty of any mem- 
ber of the force shall hereafter be made 
or continued, except for police reasons or 
in the interests of police service. 

Sec. 151. No member of the force or 
person holding office in the department 
shall be liable to military or jury duty, 
nor shall any member of the force, while 
actually on duty, be liable to arrest on 
civil process or to service of subpoena 
from civil courts. 

Sec. 152. No member of the force, under 
penalty of foreiting the salary or pay 
which may be due him, shall withdraw 7 
or resign, except by permission of the 
commissioner. Absence, without leave, 
of any member for five consecutive day® 
shall be deemed and held to be a resig- 
nation, apd the member so absent shall, 
at the expiration of said period, cease to 
be a member of the force and be dis- 
missed therefrom without notice. The 
salary or compensation of members of 
the force shall be subject to all fines, 
penalties, forfeitures and deductions law- 
fully imposed for cause. 

Sec, 153. 1. Any member of the force 
who shall be found guilty by the trial 
deputy commissioner of any failure of 
duty due either to neglect or inefficiency, 
violation of rules, neglect or disobedi- 
ence of orders, absence without leave for 
less than ten consecutive days, immoral 
conduct, any conduct injurious to the 
public peace or welfare or unbecoming 
an officer, or any broach of discipline, 
may be punished by reprimand, or by 
forfeiting and withholding pay for a 
specified time, or by dismissal from the 
force; but not more than thirty days’ 
pay or salary shall be forfeited or de- 
ducted for any offense, and the rules of 
practice for police trials hereinafter re- 
ferred to shall prescribe maximum and 
minimum penalties for each offense speci- 
fied in such rules, which penalties may be 


graded according to the seriousness of 
the offense and the previous record of 
the offender in respect to similar and 
other offenses. 

2. Except as otherwise provided in this 
act or the administrative code, no mem- 
ber shall be reprimanded, fined or dis- 
missed from the force until written 
charges shall have been made or pre- 
ferred against him, nor until such 
charges have been examined, heard and 
investigated before the trial deputy com- 
missioner, upon such reasonable notice 
to the member charged and in such man- 
ner of procedure as the rules of practice 
for trials shall prescribe. 

3. The commissioner shall adopt rules 
governing the examination and investi- 
gation of charges against members of the 
force and the practice and procedure to 
be followed on the trial of such charges, 
which rules shall be known as the rules 
of practice for trials and shall, before 
they take effect, be approved by the ap- 
pellate division of the supreme court in 
the first judicial department. Such rules 
may, with like approval, be amended by 
the commissioner. 

4. All trials shall be had in the first 
instance before the trial deputy, who 
shall, subject to the provisions of this 
act, the administrative code and the rules 
of practice for police trials, determine the 
penalty to be imposed udoh a member. 
No decision of the trial deputy dismiss- 
ing a member from the force shall be 
final until approved and ordered to be 
enforfced by the commissioner. 

5. The commissioner shall designate a 
place in every borough for the trial of 
charges, which shall be tried within the 
borough in which the accused member 
w r as serving at the time the charges were 
preferred. 

6. The commissioner and the superin- 
tendent shall have power to suspend any 
member of the force without pay, pending 
the trial of charges, but no suspension 
by the superintendent shall continue more 
than ten days unless approved by the 
commissioner. If any member so sus- 
pended shall not be convicted by the trial 
deputy commissioner of the charges pre- 
ferred. he shall be entitled to full pay 
from the date of suspension, notwith- 
standing such charges and suspension. 

Sec. 154. No writ of certiorari shall 
hereafter be issued out of any court, nor 
shall any proceeding of any character be 
hereafter entertained by any court, ex- 
cept as herein provided. to re- 
view any determination of the 
trial deputy commissioner or of the 
commissioner, made after this act takes 
effect, of or w’ith respect to any charges 
against a member of the force or the 
trial of such charges or the punishment 
of such member who has been found 
guilty thereof. But where such punish- 
ment is dismissal from the force, the 
order of dismissal made by the police 
commissioner may be reviewed by the ap- 
pellate division of the supreme court in 
the first judicial department in the fol- 
lowing manner and not otherwise: The 
person so dismissed may appeal from 
such order of dismissal to said appellate 
division, and upon such appeal said court 
may review said order on the law and 
facts, and may either affirm said order, 
with or without costs, or may reverse 
said order and reinstate the appellant as 
a member of the force, and may in- 
clude in its decision a direction with re- 
spect to the pay of the appellant from 
the time of his dismissal, and may award 
the appellant the costs of the appeal, in- 
cluding a reasonable allowance for coun- 
sel fee. Any costs and counsel fee so 
awarded to the appellant shall be paid in 
the same manner as judgments against 
the city are paid. The decision of said 
appellate division shall be final. The 
procedure and practice with reference to 
such appeals shall be prescribed in the 
rules of practice for police trials. 

Sec. 155. No person shall continue to be 
a member of the force after attaining 
the age of sixty-five years, and any mem- 
ber who shall attain such age shall there- I 


upon be retired and relieved from duty 
therein. Any member of said force who 
may hereafter become insane or of un- 
sound mind so as to be unable or unfit 
to perform full service or duty may be 
removed from the force by order of the 
commissioner. Members of the force 
may also retire on their own application 
or be retired by order of the commis- 
sioner, in the cases prescribed in the ad- 
ministrative code and not otherwise. 

TITLE 7. 

HEALTH DEPARTMENT. 

Sec. 156. The health commissioner shall 
be the executive officer of the department. 
He shall have the care, management and 
control of all institutions, property, op- 
erations, and employees of the depart- 
ment. 

Sec. 157. The powers and duties of the 
department shall extend over the city, 
the waters within its jurisdiction and 
throughout the port of New York; but 
nothing herein contained shall be con- 
strued to limit or affect the powers and 
duties of the quarantine commissioners or 
the health officer of the port. 

Sec. 158. The department shall have 
power and it shall be its duty, subject to 
the provisions of this act and of the ad- 
ministrative code: 

1. To enforce the public health law 
within the city; 

2. To abate all nuisances detrimental to 
the public health or dangerous to human 
life, by action at law or in equity in the 
name of the city, or without action as a 
natural person may do: 

3. To enforce and to aid in the enforce- 
ment of all laws of the state relative to 
the preservation of human life, or to 
the care, promotion or protection of life; 

4. To cause the vacation of any building 
which is unfit for human habitation or 
dangerous to life or health; 

5. To enforce all laws relative to the 
use or sale of poisonous, unwholesome, 
deleterious or adulterated drugs, medi- 
ciies or food; 

6. To take all steps necessary to the 
sanitary supervision and protection of the 
water supply of the city, and the’ sources 
thereof; 

7. To use all reasonable means for as- 
certaining the existence and cause of 
disease or peril to life or health, and 
for averting the same; 

8. To send promptly all proper informa- 
tion in its possession to the health au- 
thorities of the state and of any division 
thereof who may request the same: 

9. To gather such information and pre. 
serve such record of facts relating to 
births, marriages, deaths, disease and 
health as may be useful in the dis- 
charge of its duties, and as may tend to 
public interest and the promotion of 
health or the security of life; 

10. To co-operate with the health offi- 
cer of the port and the quarantine com- 
missioners to prevent the spread of dis- 
ease, and to protect life and promote 
health; 

11. To cause all or part of any cargo, 
or any matter or thing within the city 
that may be putrid or otherwise danger- 
ous to the public health to be destroyed 
or removed; 

12. To order and enforce the repairing 
of buildings, structures and houses, other 
than tenement houses, where necessary 
for the public health; regulate and con- 
trol all public markets, and the stands 
or stalls in and around the same, so 
far as relates to the cleanliness, venti- 
lation and drainage thereof, and to the 
prevention of the sale or offering for 
sale of improper articles therein. 

Sec. 159. Subject to the provisions of 
this act and of the administrative code, 
the department may: 

1. Grant to masters of vessels, bills 
of health certifying to the condition of 
the city in respect of health; 

2. Remove or cause to be removed 
to a proper place designated by it any 


REPORT OP THE NEW YORK CITY -CHARTER COMMISSION, 1909 


35 


person sick with a contagious, pestilen- 
tial or infectious disease; and designate, 
provide and pay for the use o£ places 
for such purposes; 

3. Erect, establish, maintain and fur- 
nish, in such places within the olty as 
are now used or may hereafter be desig- 
nated by the board of estimate and ap- 
portionment for such purposes, build- 
ings and hospitals for the care and 
treatment of persons sick with contagious 
diseases; 

4. Take possession of and occupy for 
temporary hospitals any buildings in the 
city during the prevalence of an epidemic, 
if In the Judgment of the board the 
same bo required, and pay a just com- 
pensation for property so taken; 

5. Cause proper care and attendance 
to be given to any sick person, when it 
shall appear to the department that the 
publio health requires such person to 
receive special medical care and at- 
tendance; 

6. Make reasonable regulations con- 
cerning the publicity of any papers, 
flies, reports, records and proceedings 
of the department; and, except upon 
order of the supreme court, it may with- 
hold information concerning any birth, 
death or marriage; 

7. Provide for light, ventilation and 
sanitary inspection and regulation of 
lodging-houses, and the premises con 
nected therewith; 

8. Order the removal of any vessel 
from which the board shall deem it prob- 
able that any infectious or contagious 
disease may be brought into the city or 
communicated to the inhabitants thereof; 

9. Add to, revise, alter or amend the 
sanitary code of the city in force at 
the time this act takes effect; 

10. Require reports and information 
of such facts, at such times and in such 
form as it may prescribe, relative to the 
safety of life and promotion of health, 
from all public dispensaries, hospitals, 
asvlums, infirmaries, prisons and schools, 
and from the managers, principals and 
officers thereof; and from all other pub- 
lic institutions, their officers and man- 
agers, and from the proprietors, mana- 
gers, lessees and occupants of all the- 
aters and other places of public resort 
or amusement, w T ithin the jurisdiction 
of the city; 

11. Forbid, and adopt means to pre 
vent, communication with or access to 
any person, family, house, street or part 
of the city infected with any contagious, 
infectious or pestilential disease; but 
physicians, nurses or messengers may 
carry advice, medicines and necessities 
to the afflicted. 

Sec. 160. There shall be in the depart- 
ment, in addition to such other bureaus 
and offices as may be established therein 
by the board of estimate and apportion 
ment: , , 

1. A bureau of general administration, 
the chief officer of which shall be called 
the secretary; 

2. A bureau of sanitation, the chief 
officer of which shall bo called the sani- 
tary superintendent, who, at the time 
of his appointment, shall have been 
for at least ten years a practicing physi- 
cian, and for three years a resident of 

the city; , 

3. A bureau of records, the chier or 
fleer of which shall be called the reg- 
istrar of records; 

4 A bureau of post mortem examina- 
tions,* the chief officer of which shall be 
the chief medical examiner, who shall 
be a duly qualified practitioner of med- 
icine and surgery, of at least ten years 
actual experience in the practice of his 

profession. . , 

Sec. 161. The sanitary code of tne 
city in force when this act takes effect 
and all provisions of law then existing 
fixing penalties for violations of the code 
are continued in full force and effect, 
subject, to revision, alteration or amend- 
ment by the department. No amendment 
to the sanitary code shall became valid 
and effectual until a copy thereof duly 
certified by the secretary of the depart- 
ment shall be filed with the olty clerk. 


and upon such filing the amendment shall 
become part of the sanitary code. 

Sec. 162, Nothing contained in this 
chapter or in the Banitary code shall 
be deemed to limit the storage of fer- 
tilizers or the keeping and slaughtering 
of f o w 1 8 , cattle and other domestic ani- 
mals upon premises used for farm- 
ing in rural sections of the city, or 
to forbid the ordinary use of country 
roads in driving Buch fowls, cattle and 
other domestic animals. 

Sec. 163. The department shall have ex- 
clusive charge and control of hospitals 
for the treatment of contagious, pesti- 
lential or Infectious disease; but, subject 
to the approval of the board of estimate 
and apportionment, may delegate to the 
department of charities and the board of 
trustees of Bellevue and allied hospitals 
the duty of providing for the care and 
treatment of persons suffering from such 
of said diseases as may, in its judgment, 
be cared for and treated by such author- 
ities without danger to the public health. 
No person, incorporated hospital or mu- 
nicipal authority, other than the health 
department, shall provide institutional 
cave and treatment for persons suffering 
from pestilential, infectious or contagi- 
ous diseases without obtaining a permit 
therefor from the department, and such 
permit will be revocable at any time by 
the commissioner; but nothing herein 
contained shall affect the jurisdiction of 
the charities department or of the trus- 
tees of Bellevue and allied hospitals over 
any of the hospitals in their charge at 
the date this act takes effect, pending the 
determination of the department whether 
it will or will not issue such permit; and 
nothing in this section shall impair the 
right of any hospital to maintain a room 
or rooms for the observation, diagnosis 
and temporary care of a person having, 
or who is supposed to have, a pestilential, 
contagious or infectious disease; nor shall 
anything in this section impair any rights 
now possessed by any incorporated hos- 
pital. , 

Sec. 164. In the presence of great and 
imminent peril to the public health by 
reason of impending pestilence, it shall 
be the duty of the board, having first 
taken and filed among its records what 
it shall regard as sufficient proof to au- 
thorize its declaration of such peril, and 
after appropriate resolution, to take bucIi 
measures and to do and order, and cause 
to he done, such acts for the preservation 
of the public health, in addition to those 
otherwise authorized by law, and make 
such expenditures, without reference to 
any appropriation, as it may in good 
faith declare the public safety and health 
to demand, and as the mayor shall in 
writing approve. But the exercise of this 
extraordinary power shall also, so far as 
it involves such excessive expenditures, 
require the written consent of at least 
two members of the board, and the ap- 
proval as aforesaid, of the mayor. And 
such peril shall not be deemed to exist 
except when, and for such period of time 
as, the board and mayor shall declare. 

Sec. 165. The department shall have the 
power to condemn, seize and destroy all 
adulterated or unwholesome food, drink, 
provisions or drugs; all foul or infected 
merchandise or articles of whatever de- 
scription, and all animals afflicted with 
disease communicable to man. 

Sec. 166. 1. After the thirty-first day 
of December, nineteen hundred and nine., 
the office of coroner in and of the city 
and each borough included therein is 
abolished. 

2. All powers vested in and all duties 
required of coroners by any provision of 
the code of civil procedure, shall, upon 
and after the first day of January, nine- 
teen hundred and ten, devolve upon and 
be exercised and performed by the county 
clerks of the counties within the city. 

Sec. 167. The department shall have 
exclusive charge and control of the med- 
ical examination of and autopsy upon the 
body of any person who shall die of vio- 
lence in the city, or under such circum- 
stances as to afford reasonable ground 


for belief that death has been produced 
by criminal means, but no autopsy shall 
be performed upon any such body, ex- 
cept as hereinafter provided. 

Sec. 168. The chief medical examiner 
shall have general charge and control of 
all necessary medical examinations and 
autopsies as provided in the last preced- 
ing section. He shall appoint, with the 
approval of the president of the board 
of health, and at pleasure remove, med- 
ical examiners in and for the several bor- 
oughs of the city, as follows: Manhattan, 
four; The Bronx, two; Brooklyn, two; 
Queens, two; Richmond, one; each of 
whom shall be a duly qualified practi- 
tioner of medicine and surgery, of at least 
ten years’ actual experience in the prac- 
tice of his profession, and an elector of 
the borough in and for which he is ap- 
pointed. 

Sec. 169. Upon information that there 
has been found within the city the body 
of a person who is supposed to have come 
to his death by violence or under such 
circumstances as to afford reasonable 
grounds for belief that his death has 
been produced by criminal means, the 
chief medical examiner or a medical ex- 
aminer in and for the borough where 
such body has been found or is lying, 
shall forthwith go to the place where 
such body lies and take charge of the 
same; and, if on view thereof and per- 
sonal inquiry into the cause and manner 
of death, he deems an examination in- 
volving dissection necessary, he shall, 
upon being authorized thereto in writ- 
ing by the district attorney of the 
county in which such bodv lies, or 
by a city magistrate or justice of the 
court of special sessions of the divi- 
sion of the city wherein such body lies, 
make autopsy thereupon, at such place as 
may h n ve been designated and provided 
for su< purpose by the board of estimate 
and a. irtionment, and shall then and 
there carefully cause a record to ho made 
of every fact and circumstance tending to 
show the condition of the body and the 
cause and manner of death, which record 
he shall subscribe. If upon such view, 
personal inquiry o autopsy, the chief 
medical examiner or a medical examiner 
is of opinion that the death was caused 
by violence or by criminal means, he 
shall forthwith file a duly attested copy 
of such record in the office of the dis- 
trict attorney of the county anti a like 
copy with a city magistrate holdingcotrt 
in the borough wherein such body lies, 
and shall certify to the public adminis- 
trator of the county and the yegistrar of 
records the name and residence at the 
person deceased, if known, or. when the 
name and residence cannot he ascer- 
tained, a description of the person de- 
ceased. as fully as may be. for Identifica- 
tion, together with the date when, and 
the cause and manner by and in which 
he came to his death. 

Sec. 170. A city magistrate shall au- 
thorize and direct the commissioner to 
cause an autopsy to be held upon the 
body of any person who has died in the 
city whenever it shall appear by the re- 
port of the chief medical examiner or a 
medical examiner of the health depart- 
ment, or other satisfactory information, 
that the death of such person was caused 
by violence, or occurred under such cir- 
cumstances as to afford reasonable 
grounds to suspect that it was produced 
by criminal means. 

Sec. 171. Upon the presentation of A 
duly attested copy of the record Pf 
medical examination or autopsy, made by 
the chief examiner or an examiner of the 
board of health, or other satisfactory in- 
formation indicating that the death a 
person found or lying within his juris- 
diction was caused by violence or by 
criminal means, a city magistrate shall 
hold an inquest upon the body of such 
person, in the manner and form pre- 
scribed by title one of part six of the 
code of criminal procedure, with the 
same authority and subject ta the sam® 
obligations and penalties ag-ara -by*- daw 


36 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


vested in and imposed upon coroners of 
counties. 

Seo. 172. The term "lodging-house” 
shall be construed to mean any house 
or building, or portion thereof, in which 
persons are harbored, or received or 
lodged, for hire for a single night, or for 
less than a week at one time, or any 
part of a house or building which is let 
for any person to sleep in for any term 
less than a week. 


TITLE 8. 

FIRE DEPARTMENT. 

Sec. 173. The department shall have 
authority to prevent and extinguish fires 
in the city. Its jurisdiction shall as soon 
as practicable be extended over all the 
territory included within the city, subject 
to terms and conditions with respect to 
the purchase and acquisition of prop- 
erty owned by or under the control 'Of 
volunteer Are departments or forces to 
be prescribed by the board of estimate 
and apportionment. 

Sec. 174. The commissioner shall have 
the exclusive management and direction 
of the. department and the care and 
custody of all the property thereof, and 
may: 

1. Make assignments to duty in the fire 
force in the mannner prescribed in the 
administrative code; 

2. Divide the fire force into appropriate 
ranks and grades to be designated by ap- 
propriate titles, each with such authority 
or duties with respect to the other ranks 
and grades as the commissioner may 
determine; 

3. Direct and order any building or 
buildings which shall be on Are. or any 
other building which he may deem haz- 
ardous and likely to take Are or to con- 
vey Are to other buildings, to be pulled 
down and destroyed; 

4 . Exercise such authority with -respect 
to the storage and safe-keeping of ex- 
plosives, the loss of life and precautions 
against Are, the making and sale of Are- 
works, explosive compounds, petroleum, 
coal oils and other substances, as may 
be conferred upon him by the adminis- 
trative code and the ordinances of the 
council; 

' 5. Enter into and examine at any time 
any building, vessel or place where any 
combustible material may be, for the pur- 
pose of ascertaining any violation of law 
or ordinance; and the members of the Are 
department shall, under his direction, 
have similar powers; 

6. • Extinguish any Are on any vessel, or 
in or upon any dock, wharf, pier or other 
structure within the port of New York, 
and take necessary precautions to prevent 
the spread of any such Are to the ship- 
ping in said port or to the docks, wharves, 
piers or other structures bordering upon 
or adjacent thereto. While engaged in 
extinguishing any such Are, the depart- 
ment may prohibit any vessel or any 
person from approaching such Are or the 
vessel, dock, wharf, pier or other struc- 
tures in danger therefrom, and may cause 
all vessels to be removed and kept away 
£iom tbs vjcinity. 

Sec. 17b. The commissioner shall ap- 
point two deputy commissioners, to be 
known respectively as Arst and second 
deputy commissioner. In the event of 
the commissioner’s suspension or removal 
from office, or death, the Arst deputy 
shall possess all the powers and perform 
all . the duties belonging to the office of 
commissioner until the office be Ailed by 
appointment by the mayor. In the event 
of the commissioner’s absence from the 
city or inability to act, the deputy com- 
missioner highest in rank and not absent 
or unable to act shall possess all the 
powers and perform all the duties of the 
commissioner except the powers of pro- 
motion, appointment or transfer. The 
second deputy commissioner shall be an 
attorney and. counselor-at-law admitted 
to practice in the courts of this state at 
least ten years prior to the date of ap- 


pointment. He shall examine, hear, in- 
vestigate and try charges made or pre- 
ferred against members of the Are force 
and render decisions thereon as herein- 
after provided. 

Sec. 176. 1. The members of the de- 
partment, other than the commissioner 
and deputy commissioners, in office or 
employed at the date when this act takes 
effect are hereby continued in the service 
of the city as members of the department 
subject to the authority conferred upon 
the commissioner by this act and the ad- 
ministrative code. 

2. The term “fire force,” wherever 
used in this chapter, shall include all 
persons under the control of the commis- 
sioner charged with the duty of prevent- 
ing and extinguishing Ares or investigat- 
ing their origin, and telegraph operators. 

3. The uniformed force of the depart- 
ment as constituted on the thirty-Arst 
day of December, nineteen hundred and 
nine, is continued, subject to the power 
of the commissioner to make changes 
therein and establish ranks or grades 
which shall not impair the right of any 
member of the Are force to any pension 
or relief fund of the department. 

Sec. 177. There shall be in the depart- 
ment, in addition to such other bureaus 
as may be established therein by au- 
thority of the board of estimate and ap- 
portionment: 

1. A Are bureau, which shall be 
charged with the prevention and extin- 
guishment of Ares and the necessary and 
incidental protection of property: the 
head of the bureau shall be known as 
“chief of Are department;” 

2. A bureau of combustibles, which 
shall be charged with the execution of all 
laws relating to the storage, sale and use 
of combustible materials; the head of the 
bureau shall be known as “inspector of 
combustibles;” 

3. A Are marshal’s bureau, which shall 
be charged with the Investigation of the 
origin and cause of Ares. The principal 
officers of the bureau shall be known as 
“Are marshals.” 

Sec. 178. No person shall be appointed 
to or hold any position in the department 
who is not a citizen of the United States 
and who shall not have resided within the 
state for at least one year immediately 
preceding his appointment, nor shall any 
person be appointed who has ever been 
convicted of felony; who is unable intel- 
ligently to read and write the English 
language; or who is not between twenty- 
one and thirty years of age, except that 
a person whose name shall have been 
placed on the eligible list may be ap- 
pointed while his name remains thereon 
although he may meanwhile have attained 
the age of thirty years. Members of the 
Are force shall reside within the city 
and shall have been residents thereof for 
at least one year prior to their appoint- 
ment. No permanent appointment shall 
be made in the department unless the 
appointee shall have served such proba- 
tionary period as may be lawfully pre- 
scribed. Service during probation, if 
succeeded by permanent appointment, 
shall be deemed service in the determina- 
tion of eligibility for advancement, pro- 
motion, retirement or pension. 

Sec. 179. No person holding a position 
in the department shall be liable to mili- 
tary or jury duty, or to arrest on civil 
process, or be served with subpenas from 
civil courts while actually on duty. 

Sec. 180. 1. No member of the Are 
force, under penalty of forfeiting the sal- 
ary or pay which may be due to him, 
shall withdraw or resign except by per- 
mission of the commissioner. Absence 
without leave of any member for Ave 
consecutive days shall be deemed and 
held to be a resignation and the member 
so absent shall at the expiration of said 
period cease to be a member of the force. 

2. The salary or compensation of mem- 
bers of the force shall be subject to all 
penalties, Anes, forfeitures and deductions 
lawfully imposed for cause. 

Sec. 181. 1. Any member of the Are 
force who shall be found guilty by the 
second deputy commissioner of any 
failure of duty due either to neg- 


lect or inefficiency, violation of rules, 
neglect or disobedience of orders, ab- 
sence without leave for less than ten 
consecutive days, immoral conduct, any 
conduct injurious to the public peace or 
welfare or unbecoming an officer, or any 
breach of discipline, may be punished by 
reprimand or by forfeiting and withhold- 
ing pay for a speciAed time or by dismis- 
sal from the force; hut no more than 
thirty days’ pay shall be forfeited or 
d-'ducted for any offense, and the rules 
of practice for Are force trials herein- 
after referred to shall prescribe maxi- 
mum and minimum penalties for each of- 
fense speciAed in such rules, which pen- 
alties may be graded according to the 
siriousness of the offense and the pre- 
vious record of the offender in respec- to 
similar and other offenses. 

2. Except as otherwise provided in this 
act or the administrative code, no mem- 
ber shall be reprimanded, Aned or dis- 
missed from the force until written 
charges shall have been made or pre- 
ferred against him nor until such charges 
shall have been examined, heard and in- 
vestigated before the second deputy com- 
missioner upon such reasonable notice to 
the member charged and in such manner 
of procedure as the rules of practice for 
Are force trials shall prescribe. 

3. The commissioner shall adopt ru’es 
governing the examination and investiga- 
tion of charges against members of tiio 
force and the practice and procedure to 
be followed on the trial of such charges 
before the second deputy commissioner, 
which rules shall be known as the rules 
ot practice for Are force trials and shall 
before they take effect be approved by 
the appellate division of the supreme 
court in the Arst judicial department. 
Said rules may with like approval be 
amended by the commissioner. 

4. When the second deputy commli- 
s’oner shall ADd a member guilty of 
charges preferred, he shall, subject to the 
provisions of this act, the administrative 
code and the rules of practice for Are 
fcrce trials, determine the penalty to be 
imposed upon a member, but no decision 
of the second deputy commissioner dis- 
missing a member from the force shall 
be Anal until approved and ordered to be 
enforced by the commissioner. 

b. The commissioner shall designate a 
place in every borough for the trial of 
charges, which shall be tried within the 
borough in which the accused member 
was serving at the time the charges were 
preferred. 

6. The commissioner and chief of Are 
department shall have power to suspend 
any member of the Are force with- 
out pay pending the trial of charges, but 
no suspension by the chief of department 
shall continue more than three days un- 
less approved by the commissioner. If 
any member so suspended shall not be 
convicted by the second deputy commis- 
sioner of the charges preferred, he shall 
be entitled to full pay from the date of 
suspension notwithstanding such charges 
anl suspension. 

Sec. 182. No writ of certiorari shall 
hereafter be issued out of any court, r.or 
shall any proceeding of any character be 
hereafter entertained by any court ex- 
cept as herein provided, to review any 
determination of the second deputy com- 
missioner or of the commissioner made 
after this act takes effect, of or with re- 
spect to any charges against a member 
of the Are force or the trial of such 
charges or the punishment of such mem- 
ber who has been found guilty thereof. 
But where such punishment is dismissal 
from the force, the order of dismissal 
made by the Are commissioner may be 
reviewed by the appellate division of the 
supreme court in the Arst judicial de- 
partment in the following manner and 
not otherwise: The person so dismissed 
may appeal from such order of dismissal 
to said appellate division and upon such 
appeal said court may review said order 
on the law and facts, and may either 
affirm said order, with or without cos’s 
or may reverse said order and reinscate 
the appellant as a member of the force. 


37 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


i 

ani may include in its decision a direc- 
tion with respect to the pay of the ap- 
pellant from the time of his dismissal, 
cod may in its discretion award the ap- 
pellant the coats of the appeal, including 
a reasonable allowance for counsel fee. 
Any costs and counsel fees so awarded 
to the appellant shall be paid In 'he 
same manner as judgments against the 
city are paid. The decision of said ap- 
pellate division shafl be final. The pro- 
cedure and practice with reference to 
such appeals shall be prescribed in the 
rules of practice for fire force trials. 

Sec. 183. No person shall continue to 
be a member of the fire force after 
taining the age of sixty-five years, and 
any member who shall attain such age 
s: all thereupon be retired and relieved 
from duty therein. Members of the fire 
force may also retire on their own ap- 
plication or be retired by order of the 
tommiss oner in the cases prescribed in 
the administrative code and not other- 
wise. 

.TITLE 9. 

DEPARTMENT OF EDUCATION. 

Section 184. The board of education of 
The City of New York created by chapter 
three hundred and seventy-eight of the 
laws of eighteen hundred and ninety- 
seven, and acts amendatory thereof, is 
hereby abolished, its abolition to take 
effect as soon as the department of edu- 
cation, as herein constituted, shall have 
been organized in conformity with this 
act. The terms of office and the official 
functions of members of the board shall 
cease on February first, nineteen hundred 
and ten; and all actions and proceedings 
by or against said board then pending 
shall be continued by or against the city, 
which shall be substituted therein for 
said board. 

Sec. 185. Except as in this act or in the 
administrative code otherwise provided, 
all rights, powers, authority, trtists, 
duties and obligations vested in or im- 
posed upon the board of education of The 
City of New York at the time this act 
takes effect, are hereby vested in and im- 
posed upon the board as in this act con- 
stituted; but the said board shall not 
possess the powers or privileges of a 
corporation. All the schools and the 
school system of the city shall be under its 
control. Wherever used in this title, the 
word “schools” shall mean public 
schools, and the words “school system” 
the public school system. 

Sec. 186. The schools shall, under such 
regulations as the board may prescribe, 
not in conflict with the consolidated 
school law, be free to all persons over 
four and under twenty-one years of age 
residing in the city; but no child under 
six years of age shall be received in said 
schools except in kindergarten classes. 

Sec. 187. Aft property, real and per- 
sonal.. heretofore acquired by the city and 
now used by it for school or educational 
purposes, and all property, real and per- 
sonal, hereafter acquired by it for such 
purposes, shall, in the manner provided 
in this title, be under the care and con- 
trol of the department for the purposes 
of public education and recreation and 
for other public and for social uses. 

Sec. 188. The board shall consist of 
fifteen members, to be known as commis- 
sioners of education, one of whom, to be 
designated by the mayor, shall be presi- 
dent; they shall be appointed by the 
mayor and may be removed at his pleas- 
ure. They shaft be appointed from the 
several boroughs in such manner that 
there shall be five for the borough of 
Manhattan; four for the borough of 
Brooklyn; two for the borough of The 
Bronx, Queens and Richmond respec- 
tively. During the month of January, 
nineteen hundred and ten, the mayor 
shall appoint fifteen commissioners whose 
terms of office shall begin on the first 
day of February of that year. The board 
shall be divided by the mayor into three 
classes, each to consist of five commis- 
sioners. The term of office of the com- 


misisoners of the first class shall end at 
the expiration of two years from Febru- 
ary first, nineteen hundred and ten; of 
the second class, at the expiration of 
four years from said date; and of the 
third class, at the expiration of six years 
from said date. In the month of January, 
nineteen hundred and twelve, and every 
two years thereafter, the mayor shall ap- 
point five commissioners to serve for the 
term of six years, beginning on the first 
of February following. 

Sec. 189. Every vacancy in the office of 
commissioner shall be filled by appoint- 
ment by the mayor for the unexpired 
term, subject to the provisions of this 
act as to residence of commissioners. 
Removal of a commissioner from the 
borough from which he was appointed 
shall vacate his office. Every commis- 
sioner shall serve without pay. 

Sec. 190. The board shall have power to 
appoint (1) the following administrative 
officers: A secretary of the department; 
a chief clerk; an auditor; a director of 
school buildings, who shall be an archi- 
tect of experience and good standing; a 
supervisor of supplies; a supervisor of 
janitors; and such employees as may be 
necessary for the discharge of the ad- 
ministrative duties of the department, 
and as shall be authorized by the board 
of estimate and apportionment; and 

(2) The following officers constituting 
the supervising staff: The city superin- 
tendent of schools, associate superin- 
tendents of schools, district superinten- 
dents of schools, directors of special 
branches, assistant directors of special 
branches, examiners, a supervisor of lec- 
tures, an assistant supervisor of lectures, 
and a superintendent of libraries. No one 
shall be eligible to appointment to a 
position upon the supervising staff unless 
he shall possess the qualifications for 
such position prescribed in the adminis- 
trative code. With the approval of the 
board of estimate and apportionment the 
board may appoint employees to assist 
the supervising staff or, by its by-laws, 
confer such power of appointment upon 
members of said staff. 

Sec. 191. Every member of the adminis- 
trative and of the supervising staff may 
be removed for cause by vote of at least 
two-thirds of the commissioners, and may 
be suspended by the board or its presi- 
dent, pending the trial of charges. 

Sec. 192. The department shall have 
power subject to the provisions of this 
act and the administrative code: 

1. To establish and conduct elementary 
schools, kindergartens, manual training 
schools, trade schools, truant schools, 
evening schools, vacation schools, high 
schools, training schools or classes for 
teachers, and such other kinds of schools 
as may be authorized by the administra- 
tive code; 

2. To discontinue or consolidate schools; 

3. To change the grades of schools anl 
of classes in any school in the system, 
and to adopt and modify courses of study 
for all classes; 

4. To construct, repair, alter and main- 
tain school buildings; 

5. To maintain free lectures and 
courses of instruction for the people; 

6. To provide special day or evening 
classes to instruct in the English lan- 
guage persons who cannot use that lan- 
guage intelligently, and w'hose vocations 
prevent their attendance at the other 
schools; 

7. To establish and maintain play- 
grounds (in connection with the schools) 
and school farms; 

8. Upon the written recommendation of 
the board of superintendents, to approve 
text books, apparatus, and other scholas- 
tic supplies for use in the schools; but no 
book of which any member of the board 
or any officer or employee is the author 
shall be used in the public schools except 
with the approval of the board of educa- 
tion; 

9. To recommend to the board of esti- 

mate and apportionment the renting of 
property necessary for school accommoda- 
tions; Jr r , 


10. To enact by-laws, rules and regula- 
tions, not inconsistent with law, for the 
proper execution of all powers and duties, 
and transaction of all business of the de- 
partment, the board, its members and 
committees, and of the several local 
school boards; regulating and defining the 
respective duties of all officers and em- 
ployees in the administrative, the super- 
vising, and the teaching staff; regulating 
the manner of making disbursements from 
any funds apportioned to any borough for 
school purposes; and providing for the 
promotion of the welfare and best Inter- 
ests of the schools and the school system. 
Until such by-laws, rules, and regula- 
tions shall have been enacted, the by- 
laws, rules, and regulations of the board 
in force on the first day of January, nine- 
teen hundred and ten shall, so far as ap- 
plicable and not inconsistent with the 
provisions of law, continue in force and 
effect as the by-laws, rules and regula- 
tions of the department. 

Sec, 193. The city superintendent and 
the associate city superintendent shall 
constitute the board of superintendents. 
The city superintendent and the examin- 
es shall constitute a board of examiners, 
which shall examine all applicants for 
licenses to be issued by it and shall issue 
to such as pass the required tests of 
character, scholarship and general fitness 
the licenses which they are found entitled 
to receive. 

Sec 194. The term “members of the 
teaching staff” shall include all princi- 
pals, heads of departments, teachers, as- 
sistants, inspectors; and all members of 
the teaching staff shall be appointed by 
the ,. b i’® rd from the eligible lists pre- 
scribed in the administrative code. 

Sec. 195. Appointments to and promo- 
tions in the teaching staff, except as 
otherwise provided by law, shall be made 
according to merit and fitness, to be as- 
certained so far as practicable by exam- 
ination which, so far as practicable, shall 
be competitive. No member of the teach- 
ing staff shall be selected, appointed, pro- 
moted or reinstated except in accordance 
with the provisions of this act. The tenure 
or all members of the teaching staff ex- 
cept probationers shall continue during 
good behavior and competency. Reas- 
signment of members of the teaching staff 
trom a higher to a lower grade shall be 
made only for cause after hearing as 
provided by law. Members of the teach- 
ing staff may be removed for cause after 
trial according to the provisions of the 
administrative code and the rules and 
regulations of the board. The name of 
any member whose position is abolished 
shall forthwith be placed upon the pre- 
ferred eligible list. 

Sec. 196. The department shall, between 
the first day of August and the thirtieth 
day of September in each year, make and 
transmit to the state superintendent of 
public instruction a report in writing of 
the state school year ending on the next 
preceding thirty-first day of July the re- 
port to be in such form and to state such 
facts as the state superintendents and the 
consolidated school law shall require. 

Sec. 197. There shall be a local school 
board in and for each council district to 
consist of five members, at least two’ of 
whom shall be women. The board 
shall appoint the local school boards 
in the manner, for the term, and 
with the functions, powers and duties, 
prescribed in the administrative code! 
Whenever and as often as there shall 
be an alteration of council districts 
the local school board districts shali 
change to conform with council districts. 

Sec. 198. No school shall be entitled to 
or receive any portion of the school 
moneys in which the religious doctrines 
or tenets of any particular Christian or 
other religious sect shall be taught, in- 
culcated or practiced, or in which’ any 
book or books containing compositions 
favorable or prejudicial to the particular 
doctrines or tenets of any particular 
Christian or other religious sect shall be 
used, or which shall teach the doctrines 
or tenets of any other religious sect. «r 


38 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


Which shall refuse to permit the inves- 
tigations and examinations provided for 
by law. But nothing herein contained 
shall authorize the board to exclude the 
Holy Scriptures, without note or com- 
ment, or any selection therefrom, from 
any of the schools; but it shall not be 
competent for the board to decide what 
version, if any. of the Scriptures, without 
note or comment, shall be used in any 
school; provided that nothing herein con- 
tained shall be so construed as to violate 
the rights of conscience secured by the 
constitution of this State and of the 
ITnited States. 

Sec. 199. The College of The City of 
New York shall continue to be a body 
corporate and as such shall have the pow- 
ers and privileges of a college, pursuant 
to the educational law and be subject to 
the provisions of law relative to colleges 
and to the visitation of regents of the 
university, in like manner as the other 
colleges of the state. 

Sec. 200. All acts of the leeislature in 
force on March thirtieth, eighteen hun- 
dred and sixty-six, in regard to the free 
academy, and to its control, management, 
support and affairs, not s/nce modified or 
repealed and not inconsistent with the 
provisions of this act, and all laws in 
force at the time this act takes effect 
relative to the College of The City of 
New York, not inconsistent with this act, 
are hereby declared to be applicable to 
said college. 

Sec. 201. The Normal College of The 
City of New York is hereby declared to 
be a separate and distinct organization 
and body corporate, and as such shall 
have the powers and privileges of a col- 
lege, pursuant to the educational law 
and be subject to the provisions of the 
statutes relative to colleges and to the 
visitation of the regents of the university, 
in like manner as the other colleges of 
the state. 

TITLE 10. 

DEPARTMENT OF DOCKS AND 
FERRIES. 

Section 202. The commissioner shall 
have charge and control: 

1. Of ail water-front property which 
now or may hereafter be owned or pos- 
sessed by the city; and of regulating, de- 
veloping and improving the same; 

2. Of cleaning, repairing, building, re- 
building. maintaining, altering, strength- 
ening and protecting said water-front 
property and of dredging and deepening 
in and about the same; 

3. Of fixing the lines of bulkheads and 
pierheads in accordance with the lines 
now or hereafter established by law; 

4. Of making surveys, soundings and 
other examinations of all water-front 
property withip the city; 

5. Of fixing the distance between piers 
and of prescribing the method and char- 
acter of construction of all wharf prop* 
erty within the city; 

6. Of regulating all water-front prop- 
erty within the city not owned or pos- 
sessed by the city; 

7. Of completing the plans for the wa- 
ter-front heretofore adopted by. the sink- 
ing fund commissioners and filed pursu- 
ant. to lav; and of alirring and amending 
said plans; 

s?, Of regulating, maintaining, opening, 
widening, constructing or closing margi- 
nal wharves in accordance with plans 
adopted or altered pursuant to law; 

9. Of all ferries and ferry property be- 
longing to the city; 

10. Of acquiring water-front and ferry 
property or any interest therein for the 
citv. 

Sec. 203. The commissioner shall, as 
provided in the administrative code, set 
apart suitable and sufficient water-front 
and wharf property for; 

1. Boats navigating the canals of the 
state; 

2. Boats not connected with any estab- 
lished steamship or railroad line leasing 
wharf property from the city; 


3. Markets; 

4. Floating baths and recreation piers; 

5. The departments of the city; 

6. General wharfage purposes; 

7. And such other uses as the board of 
estimate and apportionment may desig- 
nate. 

Sec. 204. The commissioner shall exe- 
cute in the name of the city such leases 
of ferries and water-front property as 
may be approved by the board of esti- 
mate and apportionment as sinking fund 
commissioners. Said leases, except ferry 
leases, shall be for terms not exceeding 
ten years and may contain covenants for 
one or more renewals not exceeding ten 
years at readjusted rents; but such term 
and renewals shall not in the aggregate 
exceed fifty years. Leases of ferries, in- 
cluding such water-front property as 
may be required for ferries, shall be for 
a term not to exceed twenty-five years 
and one renewal not to exceed ten years. 

Sec. 205. The commissioner shall 
maintain and operate such ferries as 
the board of estimate and apportionment 
may authorize. 

Sec. 206. The functions and powers 
conferred ip this title upon the dock 
commissioner with respect to the build- 
ing, rebuilding and extension of perma- 
nent bulkheads, wharves, docks, piers, 
slips and basins owned by the city, the 
alteration and amendment of the plans 
adopted by the sinking fund commissioners, 
the establishment of new ferries and ac- 
quisition of water-front property or any 
interest therein, the prescription of 
character of service and boats, speed, 
frequency of trips, and rates c»f fare, 
freight and commutation, in ferry leases, 
and designation of wharf property of the 
city for general wharfage purposes and 
for the permanent and exclusive use of 
the fire department, shall be exercised 
only with the approval of the board of 
estimate and apportionment as sinking 
fund commissioners. 

Sec. 207. Wherever used in this title: 

1. “Bulkhead line” means tfle line be- 
yond which it is unlawful to fill in with 
solid material in the waters of the port 
of New York, except in the construction 
of piers: 

2. “Marginal wharf” means the area 
extending inshore from the bulkhead line 
shown on any plan for the improvement 
of the water-front adopted pursuant to 
law, 

(a) Designated as “marginal street, 
wharf or place;" or, 

(b) Authorized by law to be used for 
the deposit or transfer of goods and mer- 
chandise upon, over or tinder the same; 

3. “Permanent bulkhead, wharf,” or 
other structure, means a bulkhead, wharf, 
or a structure on a marginal wharf, in- 
tended to continue for an indefinite time, 
gs opposed to a temporary bulkhead, 
wharf or other structure to remain only 
during the interval between the authori- 
zation of a marginal wharf, or the widen- 
ing thereof, and the commencement of 
the construction of such marginal wharf 
or the widening thereof. 

TITLE 11. 

PARK DEPARTMENT. 

Section 208. The park board shall con- 
sist of three members to be known as 
the park commissioner for the boroughs 
of Manhattan and Richmond; the park 
commissioner for the boroughs of Brook- 
lyn and Queens, and the park commis- 
sioner for the borough of , The Bronx. 
Each commissioner shall when appointed 
be a resident of the borough, or one of 
the boroughs, for which he is appointed. 
Subject to the provisions of this act, 
the administrative code and the general 
rules and regulations of the board, each 
member thereof shall have independent 
administrative jurisdiction in the bor- 
ough or boroughs for which he is ap- 
pointed. 

Sec. 209. The board shall have general 
charge and control of all public parks 
and parkways and of all streets connect- 


ing parks and parkways which shall be 
placed under its Jurisdiction by resolu- 
tion of the board of estimate and ap- 
portionment. 

Sec. 210. Subject to the provisions of 
this act and the administrative code, the 
board shall: 

1. Establish and enforce rules and 
regulations for the government and pro- 
tection of all public parks and parkways 
and of all streets and property of every 
kind in the charge or under the control 
of the department, which rules and regu- 
lations shall be uniform as far as prac- 
ticable, in all the boroughs; 

2. Appoint and prescribe the duties of 
a secretary and such subordinate offi- 
cers in the central office of the depart- 
ment, as may be authorized by the board 
of estimate and apportionment; 

3. Appoint a competent landscape 
architect whose assent shall be requisite 
to all plans or propositions respecting 
the conformation, alteration or ornamen- 
tation of the parks or parkways. 

Sec. 211. Real and personal property 
granted, devised, bequeathed or conveyed 
to the city for the purposes of the im- 
provement or ornamentation of parks 
or parkways, or for the establishment 
or maintenance, within the limits of 
any park, of museums, zoological, 
botanical or other gardens, collections 
of natural history, observatories or 
works of art, shall be managed, di- 
rected and controlled by the commis- 
sioner for the borough or boroughs in 
which the same is situated, upon such 
terms and conditions as may have been 
prescribed by the grantors or donors 
thereof and accepted by the city. 

Sec. 212. From and after the time when 
this act takes effect, all control and jur- 
isdiction of the park board, and of the park 
commissioner for the boroughs of Man- 
hattan and Richmond, of the plans, work 
or construction respecting the improve- 
ment of the Harlem river, shall cease; 
provided that such board and commis- 
sioner shall continue to have control and 
jurisdiction of so much of the water- 
front of the borough of Manhattan, on 
the Harlem river, as is above the low- 
water mark and extends along the east- 
erly and northerly sides of the park 
known as the driveway, authorized by 
chapter one hundred and two of the laws 
of eighteen hundred and ninety-three and 
acts amending the same. 

Sec. 213. Each commissioner shall: 

1. Control all public parks and park- 
ways which are situated in the borough 
or boroughs over which he has jurisdic- 
tion, and of the streets immediately ad- 
joining the same; but such jurisdiction 
shall not extend to or include the build- 
ings which are now or may hereafter be 
erected in such parks, squares or public 
places for governmental purposes other 
than those of the department; 

2. Maintain the beauty and utility of 
all parks and parkways under his juris- 
diction, and institute and execute all 
measures for the improvement thereof 
for ornamental purposes and for the ben- 
eficial uses of the people; 

3. Authorize and regulate the projec- 
tions on and determine the line or curb 
and the surface construction of all streets 
lying within any park under his jurisdic- 
tion, and of all other streets or parts of 
streets that may be, placed under his 
jurisdiction pursuant to section two hun- 
dred and nine; 

4. Plant trees and construct, erect and 
establish seats, drinking fountains, 
statues and works of art, when he may 
deem it appropriate so to do, on any part 
of the streets within such environments; 

5. Determine when and where lamps 
or lighting appliances shall be placed 
and lighted in the parks, parkways and 
streets within his jurisdiction; 

6. Permit, subject to the approval of 
the landscape architect, on the applica- 
tion in writing of the fire commissioner, 
a building for fire apparatus to be placed 
in any of the parks under his jurisdiction, 
provided the building be so located and 
constructed as, in his judgment, not to 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


39 


disfigure or encumber the said park, or 
interfere with the purposes of public use 
and recreation; 

7. Maintain and appoint such super- 
intendents, engineers, clerks, mechanics, 
laborers and other employees as may be 
authorized by the board of estimate and 
apportionment; 

8. Control and dispose such members 
of the police force as may be assigned 
for duty in the parks, parkways or streets 
under his jurisdiction; 

9. Perform all contracts hereafter en- 
tered into by the board of estimate and 
apportionment for the use of the parks 
for purposes of art or education. 

The office of the commissioner for the 
boroughs of Manhattan and Richmond 
shall be maintained in the borough of 
Manhattan; that of the commissioner for 
the boroughs of Brooklyn and Queens, 
in the borough of Brooklyn; and that of 
the commissioner for the borough of The 
Bronx, in that borough. 

Sec. 214. In accordance with the pro- 
visions of the administrative code: 1. 
The commissioner for the boroughs of 
Manhattan and Richmond is hereby au- 
thorized and directed to continue the con- 
tracts with the Metropolitan Museum of 
Art; the American Museum of Natural 
History; the New York Public Library, 
Astor, Lenox and Tilden foundations, and 
with the New York Zoological Society for 
the maintenance of the Aquarium in Bat- 
tery park; 

2. The commissioner for the boroughs 
of Brooklyn and Queens is hereby author- 
ized and directed to continue the contract 
and lease with the Brooklyn Institute of 
Arts and Sciences; 

3. The commissioner for the borough 
of The Bronx is hereby authorized and 
directed to continue the contracts with 
the board of managers of the New York 
Botanical Garden and the board of man- 
agers of the New York Zoological So- 
ciety. 

TITLE 12. 

DEPARTMENT OF WATER SUPPLY. 

Section 215. The commissioner shall 
have the care, management and control: 

1. Of all structures and property con- 
nected with the supply and distribution 
of water for public use, including fire 
and drinking hydrants and water meters, 
except structures and property owned by 
private corporations; 

2. Of maintaining the quality of the 
water supply and of the investigation 
for and construction of all work neces- 
sary to deliver the proper and required 
quantity of water with ample reserve for 
contingencies and future demands; 

3. Of making such regulations con- 
cerning the use of water as may be au- 
thorized by the administrative code or 
the ordinances of the council. He shall, 
subject to the approval of the board of 
estimate and apportionment, fix a uni- 
form scale of rents and charges for 
water ra,pplied by the city. 

Sec. 216. The commissioner shall have 
power: 

1. To examine into the sources of 
water supply of any private company 
supplying the city or any portion thereof 
or its inhabitants with water, to see '.hat 
the same is wholesome and the supply 
adequate, and to establish such rules and 
regulations in respect thereto a-; are 
reasonable and necessary for the safety, 
convenience and welfare of the public and 
consumers of water; 

2 To exercise superintendence, regu- 
lation and control in respect of the sup- 
ply of water by any such private com- 
pany, including rates and charges to be 
made therefor, except that such rates and 
charges shall not, without the consent 
or the company, be reduced by the com- 
missioner beyond what is just and rea- 
sonable: in case of a controversy, the 
question of what is just and reasonable 
shall be finally determined as a Judicial 
question on its merits by a court of com- 
petent Jurisdiction; 

3. To contract with any municipal cor- 


poration or board thereof, for a supply 
of wholesome water for any of the bor- 
oughs or any part thereof, from the 
water works or water belonging to euch 
municipal corporation or under the 
charge and control of such board, and to 
procure, purchase and lay, provide and 
make ready for use mains, pipes and 
other means and appliances, and erect 
hydrants necessary and sufficient to dis- 
tribute and supply the water procured 
under any such contract; 

4. To agree with any owner of lands in 
any borough for an irrevocable license 
to enter upon, lay, repair, keep in order 
and maintain mains, pipes, conduits and 
hydrants in. through and upon said 
lands; 

5. To use the ground or soil under at.y 
street, highway or road within the state 
for the purpose of introducing water into 
the city, on condition that he shall cause 
the surface of said street, highway or 
road to be restored to its original state 
and repair all damage thereto; 

6. To enter upon any real estate or 
water on or contiguous to the line, 
course, site or track of any pond, lake, 
stream, reservoir, dam, aqueduct, cul- 
verts, sluices, canals, bridges, tunnels, 
pumping works, blow-offs, shafts and 
other appurtenances, for the purpose of 
making surveys required by the provis- 
ions of this act or of the administrative 
code; and all engineers, surveyors and 
other employes of the department of 
water supply shall have the same right 
of entry for the same purposes when act- 
ing under instructions of the commis- 
sioner; 

7. To prescribe a penalty, not exceed- 
ing the sum of five dollars for each of- 
fense, for permitting water to be wasted 
and for any violation of rules prescribed 
by him for the prevention of the waste 
of water, such fines to be added to the 
water rents and charges. No contract or 
agreement for any of the purposes speci- 
fied in subdivisions three and four shall 
be made unless the proposed contract or 
license, in the exact terms in which it 
is to be executed, shall first have been 
submitted to and approved by the board 
of estimate and apportionment. 

Sec. 217. The commissioner may when 
duly authorized enter into such con- 
tracts as are prescribed by subdivision 
fifteen of section sixty-four of this act. 

Sec. 218. The commissioner shall; 

1. Preserve all lakes, streams and 
other waters from which a water supply 
is drawn, and the banks thereof, from in- 
jury or nuisance, and take such measures 
as may be necessary to preserve and in- 
crease the quantity of water and to keep 
it pure, wholesome and free from con- 
tamination and pollution; 

2. Preserve, repair and have control 
of the dams, gates, aqueducts and 
bridges, water towers, reservoira, mains, 
pipes, pipeyards and property of every 
description belonging to the waterworks; 

3. Construct such new works and pur- 
chases and lay down such mains and 
pipes as may be authorized by the board 
of estimate and apportionment. 

Sec. 219. The department shall be re- 
sponsible for the supply of water and the 
good order and security of all the water 
works and for the exactness and dura- 
bility of the structures which may be 
erected; for the dally work to be per- 
formed; for the sufficiency of the supply 
in the pipeyards to meet every casualty; 
and for the fidelity, care and attention of 
all persons employed by the department 
in watching the works and in construc- 
tion and repairs. 

Sec. 220. Any lake or reservoir con- 
structed at the expense of the city or 
of any of the municipal and public 
operations and parts thereof heretofore 
united and consolidated to form The City 
of New York, and all lakes and reser- 
voirs hereafter constructed at the ex- 
pense of the city, shall be subject to such 
sanitary regulations as the state board of 
health may prescribe. 

Sec. 221. Nothing contained in this act 
shall be deemed or held to limit or in 


any manner affect the powers and juris- 
diction of the state water supply com- 
mission or the provisions of chapter 
seven hundred and twenty-three of the 
laws of nineteen hundred and five and 
the acts amendatory thereof. 

Sec. 222. The office of aqueduct commis- 
sioner created by chapter four hundred 
and ninety of the laws of eighteen hun- 
dred and eighty-three and the acts 
amendatory thereof, is hereby abolished, 
and all the rights, powers, authority, jur- 
isdiction, duties and obligations hereto- 
fore by law vested in or imposed upon 
the aqueduct commissioners are hereby 
vested in and imposed upon the commis- 
sioner, subject to the provisions of this 
act and of the administrative code. All 
papers, documents, records and property 
in the possession or under the control of 
the aqueduct commissioners shall forth- 
with be delivered to and remain in the 
custody and under the control of the 
commissioner. 

Sec. 223. All the powers and duties 
heretofore vested in the commissioner of 
water supply, gas and electricity with re- 
spect to the supply of water are hereby 
continued in the water commissioner, ex- 
cept as modified in this act or the ad- 
ministrative code. Nothing contained in 
this act shall affect any of the provisions 
of chapter seven hundred and twenty- 
four of the laws of nineteen hundred and 
five and the acts amendatory thereof, or 
deprive the board of water supply of The 
City of New York of any of the jurisdic- 
tion and p»»vers conferred thereby. 

TITLE 13. 

DEPAlt i'MEXT OF STREET CONTROL 

Sec. 224. The commissioner shall have 
charge and control of 

1. Sweeping and cleaning the streets, 
removing or otherwise disposing, as often 
as the public health and the use of the 
streets may require, of ashes, street 
sweepings, garbage, dead animals, offal, 
light refuse and rubbish; and of remov- 
ing snow and ice from the streets; 

2. Regulating, grading, curbing, flag- 
ging and guttering streets and laying 
crosswalks; 

3. Constructing, paving, repaving, re- 
surfacing and repairing all streets and 
relaying all pavements removed for any 
cause; 

4. Laying or relaying surfan allroad 
tracks in any street, the lorn. T rail 
used, character of foundation and method 
of construction; and the restoration of 
the pavement or surface after such 
work; 

6. Filling sunken lots, fencing vacant 
lots and digging down lots; 

6. Removing encumbrances; 

7. Issuing all permits to use or open 
streets; 

8. Constructing, maintaining, repairing 
and cleaning sewers and drains; 

9. Constructing, repairing, cleaning and 
maintaining public buildings, except 
school houses, almshouses, penitentiaries, 
fire and police station houses and other 
buildings the care and custody of which 
are otherwise provided for in this act; 

10. The care and cleaning of all offices 
rented or occupied for public purposes; 

11. The location, establishment, car>. 
erection and maintenence of the public 
baths, public urinals and public comfort 
stations; 

12. Erecting, repairing and maintain- 
ing signs indicating the names or streets; 

13. Adopting and issuing regulations 
controlling the use by abutting owners 
and occupants of sidewalks and gutters 
for the disposition of sweepings, refuse, 
garbage or light rubbish; 

14. Preparing a map of all existing un- 
derground pipes, mains, sewers and other 
sub-surface structures; 

16. Making, performing, and executing 
contracts to furnish gas. electricity or 
any other illuminant. or steam, in. upon, 
across, over or under streets, parks, the 
water front and public buildings, either 
for public lighting or public use of h**| 


40 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


or power, selecting, locating, removing 
and changing street and water front 
lights and lights in public buildings; 

16. Inspecting and regulating the con- 
struction of gas mains and pipes, steam 
mains, conduits and devices, pneumatic 
mains, conduits and devices, electric con- 
ductors, conduits, appliances, devices and 
subways in, upon, across, over or under 
the streets, parks, water front and pub- 
lic buildings; and granting permission to 
use the streets and to open the same 
for the carrying on therein of the busi- 
ness of transmitting, conducting, using 
and supplying for all purposes gas, elec- 
tricity or steam or for the service of 
pneumatic tubes; 

17. Inspecting and regulating the instal- 
ment of ail conductors and appliances 
that may be introduced into or placed 
in. upon, across, over or under any build- 
ing, vacant lot or property; authorizing 
and regulating the use thereof; issuing 
certificates of such inspection to any per- 
son entitled to apply therefor and au- 
thorizing the use of such conductors, cur- 
rents. appliances and devices by any such 
person or corporation; 

18. Preparing and proposing to the 
council ordinances in regard to electric 
conductors, appliances, devices and cur- 
rents for furnishing light, heat or pow- 
er in any building which proposed ordin- 
ances shall prescribe the method of con- 
struction. operation, location, arrange- 
ment, insulation, installation and use of 
conductors, appliances, devices and cur- 
rents; but all such proposed ordinances 
before presentation to the council shall 
be submitted to the board of estimate 
and apportionment for approval in order 
that the same may, so far as practicable, 
be made uniform throughout the city; 
all ordinances, rules and regulations con- 
cerning the use and instalment of elec- 
trical conductors, subways, devices or 
appliances in force when this act takes 
effect to continue in force until new ordi- 
nances shall have been adopted by the 
council; 

19. Inspecting, passing upon, and deter- 
mining the necessity for and adequacy 
of all conductors, poles, subways, mains, 
conduits and electric devices in, upon, 
across, over or under ground, and. sub- 
ject to approval by the board of estimate 
and apportionment, determining when 
electric conductors, devices or apparatus 
upon or abo-'e the surface shall be placed 
under ground; and, subject to like ap- 
proval, determining when subways, con- 
duits, appliances, conductors or devices 
that have been laid or constructed under 
the surface of any street, park or any 
part of the water front or any public 
building shall be removed or reconstruct- 
ed or their location be changed; enlarg- 
ing any such subway and making room 
therein for other persons or corporations 
lawfully entitled to space in existing sub- 
ways; 

20. Removing or causing to be removed 
all property obstructing the streets; 

21. Constructing and maintaining of all 
bridges and tunnels which form a portion 
of the streets of the city, excepting 
bridges crossing navigable streams. 

Sec. 225. Except as herein expressly 
provided the commissioner shall have no 
jurisdiction over any street under the 
control of the park department, or over 
any water front property under the con- 
trol of the department of docks and fer- 
ries, provided, however, that he may be 
charged by the board of estimate and 
apportionment with the duty of cleaning 
the same and removing snow, ashes, 
garbage and refuse therefrom. 

Sec. 226. The commissioner shall not 
grant permission or authority to open or 
use the streets; water front or any part 
thereof, or to enter any public building 
for any of the purposes described in 
subdivisions 15, 16, 17, 18 and 19 of section 
two hundred and twenty-four, except to 
persons or corporations duly authorized 
to carry in business as provided in sec- 
tions 60 and 61 of the Transportation 
Corporations Act, and having the certifi- 
cate of a Public Service Commission pro- 


vided for in section 68 of the Public Serv- 
ice Commissions Law. 

Sec. 22 7 . The department of street 
cleaning of the City of New York is abol- 
ished and all the members of said de- 
partment are hereby transferred to the 
department of street control. 

Sec. 228. There shall be in the depart- 
ment. in addition to such other bureaus 
and branch offices as may be provided for 
by the board of estimate and apportion- 
ment: 

1. A bureau of street cleaning, the head 
of which shall be known as “chief of the 
street cleaning bureau”; 

2. A bureau of highways, the head of 
which shall be known as “chief of the 
highway bureau”; 

3. A bureau of sewers, the head of 
which shall be known as “chief of the 
sewer bureau”; 

•1. A bureau of gas and electricity, the 
head of which shall be known as “chief 
of the bureau of gas and electricity”; 

5. A bureau of public buildings, the 
head of which shall be known as "custo- 
dian of public buildings”; 

6. A bureau of incumbrances, the head 
of which shall be known as “chief of the 
incumbrance bureau.” 

Sec. 229. No person holding any office 
or position under the bureau of street 
cleaning shall be liable to military or 
jury duty. 

Sec. 230. Subject to the approval of the 
board of estimate and apportionment, 
the commissioner may enter into con- 
tracts (1) for the removal of snow and 
ice from the streets; (2) for the disposi- 
tion, for periods not exceeding five years, 
of all or any part of the street sweep- 
ings, ashes, garbage, dead animals offal 
light refuse and rubbish to be removed 
from the city or from any borough. 

Sec. 231. No department, board, officer 
or employe of the city or other person 
shall disturb the pavement or surface of 
any street, for any purpose, without first 
receiving written permission from the 
commissioner. 

Sec. 232. The power to construct sewers 
and drains shall include the power to 
construct, operate and maintain sewage 
disposal works or plants and the neces- 
sary appurtenances. The cost of conduct- 
ing sewage disposal works or plant may 
in the discretion of the board of estimate 
and apportionment be collected in whole 
or in part by assessment upon the prop- 
erty benefited. 

Sec. 233. The commissioner, when au- 
thorized by the Board of Estimate and 
Apportionment, may employ a consulting 
engineer, who shall be expert In all mat- 
ters relating to sewers and highways, and 
shall have had ten years’ professional 
experience. All other civil engineers ap- 
pointed by the commissioner shall have 
had at least three years’ professional ex- 
perience. 

TITLE 14. 

BRIDGE DEPARTMENT. 

Section 234. The commissioner shall 
have control: 

1. Of the management, maintenance, re- 
pair and alteration of all bridges, to- 
gether with their approaches and en- 
trances, which shall be under the juris- 
diction of the department of bridges of 
the city at the time this act takes effect; 

2. Of the construction, management, 
maintenance, repair and alteration of all 
other bridges, with their approaches and 
entrances, that may hereafter be con- 
structed at the city’s expense In whole 
or part, or that may hereafter be ac- 
quired by the city, across navigable 
waters or having termini in two or more 
boroughs, excepting, however, any bridge 
wholly included in a public park or under 
the control of the street commissioner as 
provided in section two hundred and 
twenty-four of this act; 

3. Of the construction, management, 
maintenance, repair and alteration of all 
tunnels hereafter constructed at the 
city’s expense in whole or part, under 
navigable waters or having termini in 


two or more boroughs, excepting, how- 
ever, tunnels constructed pursuant to 
the provisions of the rapid transit act; 

4. Of making such regulations concern- 
ing the use of any such bridge or tunnel 
and the collection of such tolls and other 
charges for the use thereof as are now 
authorized by law or may hereafter be 
authorized by the board of estimate and 
apportionment; 

5. Of the operation of railroads upon 
any such bridges and their approaches, 
so far as such operation affects the main- 
tenance, repair, alteration and safety of 
such bridges and approaches. Nothing 
contained in this section shall limit or 
affect the jurisdiction and powers of the 
public service commission in the first dis- 
trict. 

Sec. 235. All bridges and tunnels under 
the jurisdiction of the department are 
declared to be public highways, subject 
to such tolls and prudential regulations 
as the board of estimate and apportion- 
ment may prescribe; provided, however, 
that on every such bridge a passageway 
for foot passengers shall be open at all 
times and shall be free of tolls. 

TITLE 15. 

Bill. DING DEPARTMENT. 

Section 236. The commissioner shall be 
a competent architect or builder of at 
least ten years’ experience. He shall 
have control throughout the city of the 
construction, alteration and removal of 
all buildings and other structures com- 
pleted or in the course of completion, 
except docks, bridges, tunnels, subways, 
and the buildings and structures appur- 
tenant to docks, bridges, tunnels and 
subways; provided, however, that no per- 
mit shall be granted and no plan ap- 
proved by the department for the con- 
struction or alteration of a tenement- 
house, or for the alteration or conversion 
of any building for use as a tenement- 
house. until there shall have been filed 
in the department the certificate of the 
tenement-house commissioner, issued as 
provided in the tenement-house act. 

Sec. 237. There shall be a bureau of 
buildings in each of the boroughs, the 
head of which shall be a superintendent 
of buildings, under the control of the 
commissioner. 

Sec. 238. The commissioner shall havo 
power: 

1. To order the reconstruction or re- 
moval of any building or structure, or 
part thereof, under his jurisdiction, which 
exists in violation of the provisions of 
law or which, in his judgment, is danger- 
ous to life. If the order be not obeyed, 
or if there be imminent danger that 
any such building or structure, or part 
thereof, may fall, whereby the public 
safety may be endangered or a street be- 
come obstructed, the commissioner shall 
cause such building or structure, or part 
thereof, to be shored or otherwise made 
safe, or to be removed, as he may deem 
expedient; and all expenses reasonably 
incurred by the city in shoring, or making 
safe, or removing any unlawfully exit- 
ing or unsafe building, structure, or part 
thereof, shall be recoverable by action 
by the city against the owner of the 
land upon which such building or struc- 
ture, or part thereof, is or was located, 
and shall be a lien upon such land hav- 
ing priority over all other liens or in- 
cumbrances except taxes and assess- 
ments, and liens and incumbrances exist- 
ing when this act takes effect; 

2. To appoint and at pleasure remove 
a superintendent of buildings in each 
borough, who shall be a competent archi- 
tect or builder of at least ten years’ ex- 
perience, and have been a resident of 
the borough for which he is appointed 
for at least two years prior to the date 
of his appointment; 

3. To appoint and at pleasure remove 
a chief inspector of buildings for each 
borough, who shall be a practical and 
competent architect, builder or engineer 


REPORT'OF THE NEW YORK CITY CHARTER COMMISSION, 1909 41 


of at least ten years’ experience. In 
case of absence or disability of the super- 
intendent such chief inspector of build- 
ings shall possess all the powers and 
perforin all the duties of the superinten- 
dent. 

Sec. 239. The commissioner, nis deputy, 
the superintendents and the inspectors 
of the department, shall have power ;o 
enter, examine and inspect, at any rea- 
sonable hour, any building or structure 
under the jurisdiction of the department, 
completed or in the course of completion, 
and of any part thereof, or place therein, 
for the purpose of enabling them to 
perform the duties imposed by iaw upon 
the department; provided, that no in- 
spector shall enter any occupied building 
or structure between sunset and sunrise, 
except in pursuance of a written order, 
signed by the commissioner or his deputy, 
or a borough superintendent, authoriz- 
ing such cniry and examination, and 
specifying the reason therefor, which or- 
der shall first be exhibited to and a copy 
thereof served upon the occupant of the 
building or structure to be entered and 
examined. 

Sec.' 210. The commissioner shall have 
power to vary or modify any of the pro- 
visions of law or ordinances relating to 
the construction or alteration of the 
proposed method of construction of any 
building about to be erected, or to the 
alteration or removal of any building or 
structure within his jurisdiction where 
there are practical difficulties in the 
way of carrying out the strict letter of 
the law, so that the spirit of the law shall 
be observed and public safety secured 
and substantial justice done. The owner, 
or the agent of the owner, of any build- 
ing or structure, may petition the com- 
missioner for such variation or modifica- 
tion, setting forth the grounds therefor. 
The commissioner shall fix a date within 
a reasonable time for a hearing upon the 
petition and shall, as soon as practicable 
after such hearing, render his decision 
thereon, which shall be final. A copy 
of the petition and decision shall be en- 
tered upon the records of the depart- 
ment, and if the petition be allowed, a 
certificate to that effect, together with 
a statement of the reasons therefor, shall 
be issued by the commissioner. 

Sec. 241. The superintendent of build- 
ings in each borough shall have power, 
and it shall be his duty, to pass upon any 
question relative to the mode, manner of 
construction or materials to be used in 
the erection or alteration of any build- 
ing or structure to be erected within the 
city, and to require that such mode, man- 
ner of construction or materials shall 
conform to the true intent and meaning 
of the law and ordinances and ihc rules 
and regulations of the department. When- 
ever the superintendent of buildings shall 
have rejected or refused to approve the 
mode, manner of construction or mater- 
ials proposed to be followed or used in 
the erection or alteration of any such 
building or structure, or whenever it is 
claimed that the rules and regulations of 
the department, or the law or ordinances, 
do not apply, or that an equally good 
and more desirable method of construc- 
tion can be employed, the owner of such 
building or structure may appeal or cause 
an appeal to be taken from the decision 
of such superintendent, provided the 
amount involved in such decision shall 
exceed the amount of one thousand dol- 
lars. Such appeal shall be heard by a 
board consisting of the following mem- 
bers of associations in the city: one 
member of the New York chapter of the 
American Institute of Architects; one 
member of the New York Board of Fire 
Underwriters; two members of the 
Mechanics and Traders’ Exchange, one of 
whom shall be a master mason and one a 
master carpenter; one member of the 
Society of Architectural Iron Manufact- 
urers; and one member of the Heal Es- 
tate Owners and Builders’ Association, 
who shall be an architect or builder; all 
of whom shall be appointed by their re- 


spective associations, and the appoint- 
ment. of whom by their respective asso- 
ciations shall be certified annually to the 
mayor, to the commissioner of build- 
lugs, and ' to the fire commissioner 
The mayor shall annually desig- 
nate one of such examiners as the pre- 
siding officer of the board. At least 
five affirmative votes- shall be necessary 
to any decision of the board of exam- 
iners reversing a decision of the super- 
intendent of buildings. No member of 
the board shall Ije qualified to sit in any 
ease in the decision of which he is di- 
rectly or indirectly personally interested. 
The said board shall convene for pur- 
poses of business upon notice from any 
superintendent, but shall not be required 
to hold such sessions more frequently 
than once a week. Each of said exam- 
iners shall be entitled to receive ten 
dollars for each attendance, and the 
comptroller shall pay the same out of a 
fund to be provided for that purpose by 
the board of estimate and apportionment, 
on the voucher of the clerk of sakl 
board of examiners. The clerk of said 
board shall be appointed and may at 
pleasure be removed by thg mayor, and 
shall receive an annual salary of one 
thousand five hundred dollars. The ap- 
peal authorized by this section must In 
taken within ten days from the entry of 
a decision upon the records of the su- 
perintendent of buildings in the borough 
in which the building or structure is lo- 
cated or is proposed to be erected, by 
filing with such superintendent and with 
the clerk of the board of examiners copies 
of all the papers required by law or or- 
dinance or by the rules ; and regulations 
of the department to be submitted upon 
an application for a building permit; ftna 
the board of examiners shall thereafter 
fix a day within a reasonable time for 
the hearing of such appeal. • Upon such 
hearing the appellant may appear in per- 
son or. be represented byibis agent or at- 
torney. The decision of the board shall 
be rendered without - unnecessary delay, 
and shall be final. 

Sec. 242. No officer or employee of 
the department shall, directly or indi- 
rectly. engage in. conduct or carry ot> 
business as an architect; civil engineer, 
carpenter, plumber, iron worker, mason 
or builder, or be engaged in the manu- 
facture or sale of articles entering into 
the construction of buildings, or act as 
an agent for any person engaged in the 
manufacture or sale of such articles, or 
own stock in or securities of any cor- 
paration engaged in the manufacture or 
sa’c " "mh articles. 

TITLE 16. 

Ti: ; ;\T-HOUSE DEPARTMENT. 

Section 243. The commissioner shall: 

1. Enforce the tenement-house act 
within the city; 

2. Have power of sanitary inspection 
of tenement houses and the premises 
connected therewith; and may enter, in- 
spect and survey all buildings and the 
premises connected therewith, but noth- 
ing herein contained shall abrogate or 
Impair the powers of the health depart- 
ment; 

3. Have exclusive power: 

(1) To require every tenement 
house to be equipped with proper 
fire escapes or with proper means 
of escape in case of fire; 

(2) To prevent the obstruction 
of fire-escapes upon tenement 
houses; 

(3) To provide for the light and 
ventilation of tenement houses and 
the premises connected therewith. 

Sec. 244. The commissioner shall, sub- 
ject to the provisions of this act and 
of the administrative code: 

1. Discipline any employee for neglect 
of duty or violation of or neglect of any 
order or rule of the department: 

2. Provide or designate suitable uni- 
forms or badges to- be worn by the in 


spectors and officers of the department; 

3. Provide a general complaint book, 
open to public examination, and make 
an investigation as to all complaints: 

4. Require reports and information of 
such facts at such times and in such 
form as he may prescribe relative to the 
condition of persons residing in tene- 
ment-houses; from all dispensaries, hos- 
pitals, charitable or benevolent societies. 
Infirmaries, prisons ’ and schools, and 
from the managers, principals and of- 
ficers thereof; and may make examina- 
tions and take proofs - in matters relat- 
ing to the administration of departmental 
duties; 

5. Make and enforce suitable rules and 
regulations as to the manner of filing 
plans, specifications, amendments and 
applications. 

Sec. 245. In addition to such other 
bureaus as may be authorized by the 
board of estimate and apportionment, 
there shall be in the department: 

1. A bureau of plans, which shall ex- 
amine plans and specifications for light, 
ventilation, sanitary equipment and equip- 
ment for fire protection for tenement 
houses hereafter altered or erected and 
for buildings hereafter altered or recon- 
structed for use as tenement houses; 

2. A bureau of inspection which shall 

inspect all completed tenement houses 
and shall inspect also all tenement 
houses lu course of construction or al- 
teration and all buildings in' course of 
alteration' or conversion for -use as tene- 
ment houses, for the purpose of ascer- 
taining whether the same are being con- 
structed, altered or converted in con- 
formity with law, and the plans and 
specifications approved as prescribed in 
the administrative code; and shall re- 
cord all violations of the tenement .house 
act and of all rules and 'regulations of 
the department; • > • ! 

3. ; A bureau of records which shall 
contain records of every tenement house, 
ns prescribed by the administrative code 
and by the commissioner. 

Sec. 246. The commissioner shall es- 
tablish and maintain in each- borough 
such branch offices and bureaus as may 
be necessary for the prompt and efficient 
exercise and discharge of his powers and 
duties and as may be provided for by the 
board of estimate and apportionment. 

Sec. 247. " Whenever It shall be certi- 
fied by an inspector or officer of the de- 
partment that the Inhabitants of a tene- 
ment house are infected with a con- 
tagious disease or that a tenement house 
or any part thereof is unfit for human 
habitation or dangerous to life or health 
from lack of Tepaitt, or by reason of de- 
fects in drainage, plumbing, ventilation, 
or construction, or by reason of the ab- 
sence of such fire escapes as are re- 
quired by the tenement house act or by 
the department acting under the au- 
thority conferred by such act, or by 
reason of the existence on the premises 
of a nuisance likely to cause sickness 
among the occupants of said house, the 
department may issue an order requiring 
all persons therein to vacate such house, 
or part thereof, withiu not less than 
twenty-four hours nor more than ten 
days, for the reasons to be mentioned In 
said order. S:*i 'h order may be served 
in the manm ir-scribed in the tene- 
ment house act. In case such order be 
not complied with within the time speci- 
fied. the department may cause said 
tenement house, or part thereof, to be 
vacated. The department may extend the 
time within which to comply with said 
order and when it is satisfied that the 
danger from said house, or part thereof, 
has ceased to exist or that it is fit for 
human habitation may revoke said order. 

See. 248. Whenever any tenement 
house, or any part thereof, or any prem- 
ises connected therewith, or any build- 
ing, structure, excavation, sewer, or the 
lot on which the house Is situated or 
the plumbing, sewerage, drainage, light 
or ventilation thereof, or any business 
pursuit carried on therein or thereupon. 


42 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


la in the opinion of the department dan- 
gerous or detrimental to life or health, 
the department may declare that the 
same, to any extent which it may specify, 
is a public nuisance, and may order th8 
tame to be removed, abated, suspended, 
altered, cleansed, disinfected or repaired 
as the order shall specify. Any ordel- of 
the department may be served in the 
manner provide^ in the tenement house 
act. If any order of the department is 
not complied with, or so far complied 
with as the department may regard as 
reasonable, within five days after the 
service thereof, or within such shorter 
time as the department may designate, 
then such order may be executed by said 
department through its officers, agents, 
employees or contractors. 

Sec. 249. When used in this chapter: 

1. “Tenement house” means a tene- 
ment house as defined In the tenement 
house act; 

2. “Nuisance" means public nuisance 
as known at common law or in equity 
Jurisprudence; and includes a tenement 
house which is. and whatever in a tene- 
ment house is: 

(1) Dangerous to human life or detri- 
mental to health; 

(2) Overcrowded with occupants, or is 
not provided with adequate means of in- 
gress and egress or is not sufficiently 
supported, ventilated, sewered, drained, 
cleaned or lighted., having regard to its 
Intended or actual use; or 

(3) Whatever renders the air of a 
tenement house unwholesome. 

TITLE 17. 

CHARITIES DEPARTMENT. 

Section 250. The commissioner shall be 
the overseer of the poor of the city. He 
shall have Dower and it shall be his 
duty, subject to the provisions of this 
act and of the administrative code: 

1. To enforce the poor law within the 
city; 

2. To establish and maintain in each 
borough such divisions, offices and bu- 
reaus as may be necessary for the prompt 
and efficient exercise and discharge 
Of the powers ahd duties of the depart- 
ment, and as may be provided for by the 
board of estimate and apportionment; 

3. To make, amend, alter and enforce 
rules, orders and regulations for the gov- 
ernment of the city institutions' under his 
jurisdiction ;- 

4. To provide for the care, custody and 
disposition of poor persons; but he may 
not dispense any form of outdoor relief, 
except in the case of the blind, as herein 
provided, and he may defray the expense 
of the removal or transportation of any 
person who may come under his charge 
whenever, in his judgment, the city will 
thereby be relieved from an unnecessary 
or Improper charge; 

5. To provide for the temporary care 
of vagrant and indigent persons, for an 
investigation into their circumstances, 
and for bringing every person, found upon 
such investigation to be a vagrant, before 
a magistrate pursuant to law; 

6. To investigate the circumstances of 
every person, atid of the near relative of 
every person, admitted to an institution 
under his charge, or placed by him in an 
institution wholly or partly under pri- 
vate control; 

7. To classify, segregate and group, so 
far as practicable, all the inmatds of the 
public institutions under his charge; 

8. To provide for and compel the em- 
ployment at labor of such inmates as 
should be so employed; to determine the 
hours and scope of such labor, the pun- 
ishment for neglect or refusal to per- 
form such labor or for violation of any 
other rule, order or regulation of the 
department and to provide for the use 
and disposition of the articles produced 
by such labor: 

9. To establish and maintain In the 
public lustitutions under his charge such 
schools or classes for the instruction 


and training of inmates as he may deem 
desirable; 

10. To establish, maintain and direct 
such training schools for nurses as may 
be requisite for the proper administra- 
tion of the hospitals under his charge, 
and to provide therefor a suitable course 
of Instruction, a sufficient number of in- 
structors, and adequate equipment and 
buildings; 

11. To place any child, who may be 
in his custody, in an institution, as a pub- 
lic charge, whenever in his judgment it 
shall be for the best interest of such 
child so to do; but he shall not place a 
child in any Institution which the state 
board of charities shall have certified 
has failed to comply With the rules and 
regulations established by that board pur- 
suant to the constitution of the state; 
nor shall he place any child In any in- 
stitution without the city unless said 
board shall have certified that such in- 
stitution Is properly protected against 
fire and other dangers; 

12. To indenture, place out, discharge 
or transfer any child who may be in his 
custody, or who may have been placed by 
him in an institution as a public charge, 
whenever in his judgment it shall be for 
the best interests of such child so to do, 
and he may revoke and cancel any such 
indenture; and he may also contract for 
the maintenance of any child in his cus- 
tody; 

13. To make suitable provision in each 
Of the boroughs of Brooklyn, Queens and 
Richmond for the reception, medical ex- 
amination, and temporary care in said 
botoughs, of persons alleged to be insane 
and of prisoners awaiting trial who are 
seriously ill or dangerously wounded; 

14. To enlarge, alter and repair the 
public buildings under his control when- 
ever in his Judgment such changes are 
necessary or expedient, and to construct 
such new buildings as the proper ad- 
ministration of his department may re- 
quire; 

15. To take charge of such of the city’s 
morgues as are not under the control of 
the health department and the board of 
trustees of BelUevue and Allied Hos- 
pitals, and also of all Potter’s fields and, 
when necessary, to provide additional 
public burial places for the poor and, in 
his discretion, to cremate the bodies of 
deceased paupers when their relatives do 
not object to such cremation; provided, 
however, that the Potter’s field on Hart’s 
island shall remain under the control ol 
the correction department; 

16. To distribute among the poor adult 
blind, residents of the city, in such man- 
ner as he may prescribe, such sums as 
may be appropriated for their relief, and 
he may exercise his discretion in the se- 
lection of the recipients of this relief; 

17. To exercise general control over, 
and to establish rules and regulations 
governing, all ambulance service in the 
boroughs of Brooklyn, Queens and 
Richmond; except such ambulance service 
as may be maintained by the department 
of health; to establish ambulance dis- 
tricts therein; and to establish and main- 
tain such ambulance stations therein and 
to provide and maintain such ambulances 
as he may deem necessary; 

18. To receive, and provide temporary 
care and treatment, within any publto 
hospital under his control, for all per- 
sons, irrespective of their residence, 
when such persons shall have been In- 
jured or become ill in any public place 
within the city, and may not be safely 
removed, to their homes; 

19. To compel the relief and mainte- 
nance, in such manner as he may ap- 
prove, in wliole or in part, of a poor 
person by his grandparents, parents, 
children, or grandchildren, and of a des- 
titute child by. his grandparents or par- 
ents, when such relative of said poor 
person or destitute child shall have suf- 
ficient means to provide such relief or 
maintenance; 

20. To initiate, conduct, and, in his 
discretion, to compromise bastardy pro- 


ceedings; receive the moneys collected 
therein, and apply the same to the sup- 
port of the child, or of the child and its 
mother; account for said moneys, as re- 
quired by the comptroller; and apply 
to any court of competent Jurisdiction 
for a warreut for the arrest of the de- 
fendant, when, for any reason, a re- 
covery cannot be had upon the under- 
taking given by said defendant in said 
proceeding; 

21. To enforce, in his name as com- 
missioner, by action or proceeding, any 
bond or recognizance, given in a pro- 
ceeding for the maintenance of an aban- 
doned wife or child; receive the moneys 
collected in such action or proceeding 
and apply the same to the support of 
the wife or child, or either of them; 
bring and conduct an action, in his name 
as commissioner, to recover in case of 
forfeiture of bail undertaking; apply the 
amount recovered in said action and the 
amount of cash bail that may have been 
forfeited, to the purpose hereinabove 
designated; appeal, in his discretion, 
from the decision or judgment of the 
magistrate in such proceeding, and ap- 
pear as respondent in a defendant’s ap- 
peal therein; and, in his discretion, com- 
promise such action or proceeding. 

Sec. 251. The commissioner may re- 
ceive and treat in the Institutions under 
his control persons who do not reside 
within the city, provided that such per- 
sons shall pay such sum for board and 
attendance as may be fixed by the com- 
missioner, and that such person shall 
not be received to the exclusion of resi- 
dents of the city. The commissioner 
may also receive and treat in any insti- 
tution under his control any persons able 
to pay, in w'hole or in part, the cost of 
their care and maintenance therein, and 
it shall be the duty of the commissioner 
to collect from each such person such 
partial or entire payment therefor as he 
may be able to make. 

Sec. 252. The commissioner shall have 
charge and control of all hospitals, alms- 
houses and other institutions, owned or 
possessed by the city, and devoted to 
the care of poor persons; excepting, how- 
ever, such hospitals and other institu- 
tions as are by this act placed under 
the charge and control of some other 
department and excepting the premises 
demised in the lease of Ward’s Island 
and the buildings thereon from the city 
to the state of New York, but only for 
the period of said lease. 

Sec. 263. It shall be the duty of the 
commissioner to inspect all charitable, 
eleemosynary or reformatory institutions, 
in which any person shall have been 
placed, committed, or received, or is 
retained, as a charge against the city, 
and he shall make no certificate that 
will enable any such institution, claiming 
the moneys of the city for the care, sup- 
port, secular education, or maintenance 
of any such person, to obtain payment 
therefor, and no payment shall be made to 
such institution therefor, if It shall ap- 
pear in the judgment of the commissioner 
that such person Is neglected or is re- 
ceived or retained therein In violation 
of the rules and regulations of the statp 
board of charities, or that moneys paid 
by the city to any suc-h Institution for 
the care, support, secular education, or 
maintenance of its inmates shall have 
been expended for any other purpose. 
Whenever the commissioner shall de- 
cide. after reasonable notice to any In- 
stitution. and a hearing, that the cost 
and maintenance, education, or medical 
treatment, of any inmate therein Is not 
a proper charge against the city, and a 
wiritten notice thereof, with the reasons 
therefor, is given bv him to such insti- 
tution. thereupon all right on the part 
of said institution to receive compensa- 
tion from ihe city on account of such 
inmate shall cease. 

Sec. 254. The term “poor person” when 
used in this chapter means “one unable 
to mainiain himself,” as defined In the 
poor law. The word “Institution” when- 
ever used in this chapter shall Include 
any charitable corporation, one of whoa* 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


43 


objects is the care of children or the 
placing of children in families. 

TITLE 18. 

DEPARTMENT OF CORRECTION. j 

Section 255. 1. Except as otherwise j 
provided in thl'' act, the commissioner | 
shall have charge and control of all pris- i 
ons and correctional Institutions belong- \ 
ing to the city, including the county jails j 
of Queens and Richmond and the instl- | 
tutlon heretofore described as the county j 
jail or sheriff’s prison of the county of ; 
New York, commonly known as Ludlow j 
street jail. j 

2 He shall have custody of all per- j 
sons lawfully committed or remanded to ; 
any institution under his control. 

3. He shall, upon such terms and con- | 
ditlons as shall be prescribed in the ad- j 
minlstrative code, receive and detain, : 
when lawfully required by the sheriff of I 
a county wholly included in the city, any ! 
person under arrest or detention pur- ! 
suant to the order of any coairt or judge j 
in a civil action or proceeding, subject j 
to the order of the sheriff; provided, how- ] 
ever, that all such persons shall be held j 
and maintained entirely separate and i 
aloof from prisoners charged with or ! 
convicted of crime. 

Sec. 25G. From and after the date when 
this act takes effect, the prison located 
upon Riker ’3 Island shall be known and 
described a sthe New York City Peniten- 
tiary, and. thereupon or as soon there- 
after as may be practicable, the commis- 
sioner shall transfer to said penitentiary 
all employees of and all prisoners con- 
fined in the institution known and de- 
scribed as the New' York County Peni- 
tentiary on Blackwell’s Island, which in- 
stitution. as such, shall be abolished 
from and after the first day of January, 
nineteen hundred and eleven. 

Sec. 257. The commissioner shall have 
exclusive jurisdiction and control over 
Rilcer’s and Hart’s islands and, until as 
hereinafter provided, over such portions 
of Blackwell’s island as are under the 
jurisdiction of the department w'hen this 
act takes effect. He may cause to be re- 
moved to Riker’s island or to Hart’s 
island, the penal Institutions under his 
jurisdiction on Blackwell's island, or any 
of them and the jurisdiction and control 
over any buildings or premises upon 
Blackwell's island, becoming thereby 
vacant, shall thereupon immediately vest 
in the charities department. 

TITLE 19. 

BELLE VIE AND ALLIED HOSPITALS 

Section 258. The “Board of Trustees of 
Bellevue and Allied Hospitals’’ shall have 
chargo and control of all public hospitals 
now owned and hereafter established by 
the city upon Manhattan island and in the 
borough of The Bronx, except such hospi- 
tals as are or may be under the charge 
and control of the health department. 

Sec. 259. The board shall consist of 
eight members, to be appointed by the 
mayor as hereinafter provided, seven of 
whom shall be residents of the county 
of New York, and at least five of the 
borough of Manhattan. The remaining 
member chall be the charities commis- 
sioner who shall serve ex-officio. The 
term of office of the members of the 
board, other than the charities commis- 
sioner, shall be seven years from the 
first day of February following their ap- 
pointment. In the month of January, and 
on or before the twentieth day thereof, 
prior to the expiration of the term of 
office of any trustee, other than the 
charities commissioner, the mayor shall 
appoint his successor for the term of 
seven years. The mayor shall appoint 
and remove trustees, other than tho 
charities commissioner, in the manner 
prescribed in the administrative code. 
Every trustee shall serve without pay. 
No trustee shall be interested cbrscrly 
or indirectly, in the furnishing or per- 


forming of work, labor, services, mate- 
rials, or supplies of any kind to or for 
said hospitals by contract, or otherwise. 

Sec. 260. The board shall have power 
and It shall be its duty, subject to the 
provisions of this act and of Tie adminis- 
trative code: 

1. To appoint and remove all su- 
perintendents, including a general 
superintendent, and such medical of- 
ficers and other subordinates and 
employes as may be necessary for 
the efficient management and con- 
trol of said hospitals; in making such 
appointments, except in the case of 
superintendents and of employees per- 
forming duties that are personal to a 
member of the board, the board shall 
consider the nominations, if any, o! the 
general superintendent; 

2. To make suitable provision for the 
reception, medical examination and tem- 
porary care of persons alleged to be in- 
sane ; 

3. To receive, and provide temporary 
care and treatment, within any hospital 
under its control, for all persons irre- 
spective of their residence, v'hen . such 
persons shall become injured or ill m 
any public place within the city and 
may not be safely removed to their 
homes; 

4. To exercise general control over, ami 
to establish rules and regulations gov- 
erring, all ambulance service in the bor- 
oughs of Manhattan and The Bronx, ex- 
cept such ambulance service as may he 
maintained by the department of health; 
to establish ambulance districts therein; 
and to establish and maintain suc-h am- 
bulance stations therein and to provide 
and maintain such ambulances as it 
deems necessary. 

Sec 261. The board mdy re- 
ceive and treat in the hospitals under 
its control persons who do not reside 
within the citv, provided that such per- 
sons shall pay such sum for board and 
attendance as may be lxed by the board, 
and that such persons shall not be re- 
ceived to the exclusion of residents of the 
city The board may also receive and 
treat in any hospital under its control 
any person able to pay, in whole or in 
part the cost of his care and maintenance 
therein, and it shall be the duty °f the 
board to collect from each such person 
such partial or entire payment therefor 
as he mav be able to make. 

Sec 262. Whenever any sick person in 
said hospitals shall, in the opinion of the 
board, cease to be a proper case for treat- 
ment in said hospitals, the board may 
cause such person to be transferred to the 
care and control of the charities commis- 
sioner who shall forthwith receive and 
care for him. If any sick person under 
treatment in any of said hopitals shall die 
while under the care of the board, it may 
call upon the charities commissioner forth- 
with to remove the body of such person, 
and he shall forthwith remove the same 
for burial or other proper disposition: 
and the cost and expense of the removal, 
burial, or other disposition shall be paid 
by the charities department. 

Sec. 263. Subject to approval by the 
board of estimate and apportionment, the 
board mav enter into a contract or con- 
tracts with the Bellevue Training School 
for Nurses for the occupation and use of 
anv building or buildings as a training 
school for nurses and may establish, main- 
tain and direct such training schools for 
nurses as may be requisite for the proper 
administration of the hospitals under its 
charge. 

Sec. 264. The medical board of each of 
said hospitals shall continue as consti- 
tuted at the time when this act takes 
effect. Members of these medical boards 
and their successors shall serve without, 
pay and shall hold office as long as they 
shall perform their duties in a manner 
satisfactory to the board of trustees. Va- 
cancies occurring in the medical boards 
shall be filled by the board of trustees by 
appointment of members of the medical 
profession resident in the city. The board 
of trustees shall, on nomination of the 


medical board in each of said hospital*, 
appoint medical and surgical house offi- 
cers in the respective hospitals, all of, 
whom shall serve without pay. 

CHAPTER IX. 

ASSESSMENTS FOR LOCAL IMPROVE- 
MENTS AND AWARDS FOR 
CHANGES OF GRADE. 

See. 265. The word “assessment” wher- 
ever used in this chapter shall be con- 
strued to mean an assessment for any 
local improvement which may lawfully be 
confirmed otherwise than by a court of 
record. 

Sec. 266. There shall be a board of as- 
sessment and award consisting of three 
persons who shall appoint a secretary, 
clerks and subordinates when provision 
for their salaries shall have been made 
by the board of estimate and apportion- 
ment. 

See. 267. The board of assessment and 
award shall be charged with the duty 

1. Of making all assessments; 

2. Of making all awards as compensa- 
tion for loss and damage caused by a 
change in the grade of a street thereto- 
fore established by lawful authority in 
either of the following cases: 

(a) When assessments are about to be 
made for the regulating and grading of 
such street. The amount of such awards 
shall be included in the assessment for 
the regulation and grading of such street 
as a part of the expense thereof. In 
such cases, the awards so made shall be 
limited to compensation for loss or dam- 
ages caused to buildings, or other im- 
provements. 

(b) When the grade of any street has 
been changed by reason of the building, 
of any bridge, bridge approach, viaduct 
or other structure, and where no assess- 
ment for the expense of such construc- 
tion is to be laid. The award In such 
cases shall cover damages caused by 
such change of grade to both land and 
buildings. The said board shall certify 
such awards to the controller for pay- 
inent. 

3. Of making all awards as compensation 
for loss and damage in cases arising un- 
der subdivision (a) to unimproved land, 
whenever sluch awards are authorised by 
the board of estimate and apportionment. 

4. The board of assessment and award 
shall have power to compel by subpena 
the attendances of witnesses, .with or 
without books or papers, and to,e-xamine 
them with respect to assessments or 
damages for changes of grade. 

Nothing in this section shall be con- 
strued to affect the powers of any com- 
mission existing at the time this act 
takes effect and authorized to mak c - 
awards for loss or damage caused by 
change of grade. 

Sec. 268. 1. The board of assessment 

and award shall in no case assess upon 
any land more than one-half the fair 
value thereof, without the improvements, 
if any., thereon. 

2. Except upon a petition signed by the 
owners ot more than one-half, in linear 
feet, of the property fronting upon the 
line of any proposed improvement, no 
assessment shall be imposed for the pav- 
ing. curbing or flagging of any street or 
any portion thereof which has once been 
paved, curbed or flagged, where the ex- 
pense of such work has been paid by the 
owners of the adjoining property; pro- 
vided, however, that nothing herein con- 
tained shall be construed to relieve or 
release the owners of property, grantee* 
of the mayor, aldermen and commonalty 
of the city of New York, of or from any 
covenants to pave or repave or otherwia* 
physically improve such streets. 

Sec. 269. There shall be a board of re- 
vision of assessments and awards to con- 
sist of the comptroller, corporation coun- 
sel and president of the tax department. 
The comptroller may be represented in 
the board by a deputy, the corporation 
counsel by an assistant and the president 
of the tax board by a tax commissioner; 


44 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


but in any such case a written designa- 
tion by the member of the board shall be 
filed with the secretary. The board shall 
have power 

1. To hear and consider on the merits 
objections to any assessment or award 
made by the board of assessment and 
award; 

2. To subpena and examine witnesses 
in relation to any such assessment or 
award; 

3. To confirm any such assessment or 
award; 

4. To revise and correct any such as- 
sessment or award and confirm the same 
as revised and corrected: 

5. To return any such assessment or 
award to the board of assessment and 
award with directions to revise and cor- 
rect, and then to confirm, the same. 

In case any assessment or award shall 
not have been confirmed, or revised and 
corrected and confirmed, or returned for 
revision and correction, within thirty 
days after it shall have been received 
by' the board of revision of assessments 
and awards, it shall be deemed to be 
confirmed at the expiration of said period. 

Sec. 270. No action to vacate an assess- 
ment or remove a cloud upon title by 
reason thereof or to recover moneys paid 
for an assessment, and no certiorari to 
review a determination with respect to 
an assessment shall be maintained, but 
owners of property shall, with respect to 
assessments and the recovery of moneys 
paid for assessments, be confined to the 
proceedings for which provision is made 
in the administrative code. 


CHAPTER X. 

LOCAL BOARDS, 

Sec. 271. Each borough shall consti- 
tute a local improvement district. There 
shall be in each district a board of loca 
improvements, to be known as the local 
board,” consisting of the borough presi- 
dent and the councilmen elected from the 
borough, who shall serve without com- 
pensation. The jurisdiction of a local 
board shall extend over the district for 
which it is constituted. The borough 
president shall be chairman of the local 
board. 

Sec. 272. If any proposed local im- 
provement specified in the next section 
shall affect more than one local improve- 
ment district, the members of the local 
boards of the districts affected shall to- 
gether constitute the local board for the 
purposes of said improvement. 

Sec. 273. A local board may in- 
iate proceedings for the construction 
of tunnels, bridges, sewevers and 
drains, the opening, closing, extend- 
ing, widening, grading, paving re- 
paving grading. regrading, repair- 
ing and resurfacing streets, flagging, 
reflagging, curbing and recurbing side- 
walks. laying and relaying crosswalks, 
setting and resetting street lamps, pro- 
viding and renewing signs showing the 
names of streets, fencing vacant lots, dig- 
ging down and filling in lots, and for ac- 
quiring real property for parks, tunnels, 
bridges and approaches thereto, and for 
streets, sewers and drains; and may by 
resolution, approved by the board of esti- 
mate and apportionment, authorize and 
direct the department, board or commis- 
sioner having jurisdiction, to execute and 
carry out the improvement. 

2. If the estimated expenses to be in- 
curred under any one such resolution be 
not over five thousand dollars and the 
whole amount is to be raised by assess- 
ment on the property benefited, the ap- 
proval of the board of estimate and ap- 
portionment shall not be necessary. 

3. The board of estimate and appor- 
tionment shall by resolution to be adopted 
in January of each year, fix the aggre- 
gate cost of all local improvements in 
each borough which may be authorized 
during said year as provided in subdivi- 
sion two of this section. 

Sec. 274. The expense of all local im- 


provements made under the provisions of 
this chapter shall be assessed and be a 
lien on property benefited thereby in pro- 
portion to the amount of such benefit. 

Sec. 275. A local board shall have power 
to hear complaints as to nuisances in 
streets, or against disorderly houses, 
drinking saloons, gambling houses or any 
other places or assemblages conducted in 
violation of good order or of the laws of 
this state, or other matters or things 
concerning the peace, comfort, order, and 
good government, respecting any neigh- 
borhood within the district or concerning 
the conditions of the poor, and to pass 
such resolutions concerning the same as 
may not be Inconsistent with the powers 
of the council or of the respective admin- 
istrative departments. 


CHAPTER XI. 

ACQUISITION OP REAL PROPERTY 
FOR PUBLIC PURPOSES. 

Section 276. The city is authorized to 
acquire real property by purchase or by 
condenmation for any city or county put* 
pose; but no real property shall be ac- 
quired except with the approval of the 
board of estimate and apportionment ex- 
pressed in a resolution, made on its own 
motion or on the application of a depart- 
ment, board or commission, or of an offi- 
cer of a countv included within the city. 

Sec. 277. The board of estimate and ap- 
portionment shall by. general resolutions 
prescribe the manner in which all appll- 
plications for the purchase of real prop- 
erty for public purposes shall be made to 
it by any department, board or com- 
mission, and by what maps, estimates of 
value, certificates of necessity, reports 
and other documents such applications 
shall be accompanied. 

Sec. 278. All real property required by 
the city for public purposes shall be ac- 
quired either: 

1. By purchase by the board of estimate 
and apportionment under the authority 
in this act conferred upon it; or. 

2. Through the exercise of the right of 
eminent domain, by condemnation pro- 
cedings in the manner and according to 
the practice provided in the administra- 
tive code. 

Sec. 279. If the board of estimate and 
apportionment shall by resolution so 
declare, title to any real property to be 
acquired for public purposes by condem- 
nation shall pass to the city upon the 
qualification of the commissioners ap- 
pointed to condemn the same, and the 
city may thereupon enter and take pos- 
session of 6Uch property. Whenever title 
is thus vested in the city the commis- 
sioners shall add interest to the awards 
at the rate of six per centum per annum 
from the date of their qualification to 
the date of the awards. 

Sec. 280. The person in whose favor 
awards shall be made or costs taxed 
against the city shall have no right of 
action against the city for such award 
or costs except as provided in the ad- 
ministrative code: but the supreme court 
may, by mandamus, on the relation of the 
party entitled to such award or costs, 
direct the comptroller to pay the same. 

Sec. 281. 1. The term ‘‘real property” 
as used in this chapter shall include all 
lands, lands under water, the water of 
an^ lake, pond, or stream, all easements 
and hereditaments, corporeal or incor- 
poreal, and every estate, interest and 
right, legal and eauitable in lands ot 
water, or any prilvlege or easement 
therein, including terms for years and 
liens thereon by way of judgment, mort- 
gage, or otherwise, and all claims for 
damages to such real property. 

2. Whenever in this act authority is 
given to the city to acquire real prop- 
erty, it shall be construed to authorize 
the acquisition either of the fee simple, 
or any easement or other estate, interest 
or right therein, as the board of estimate 
and apportionment may determine. 


CHAPTER XII. 

THE MUNICIPAL CIVIL SERVICE! 

COMMISSION. 

Section 282. All appointments, promo- 
tions and changes of status of persons 
in the public service of the city shall be 
made in the manner prescribed by the 
constitution of the state and in accord- 
ance with the provisions of the civil 
service law, and such amendments as 
may be made thereto, and the provisions 
of this act. 

Sec. 283. The municipal civil service 
commission shall have the power: 

1. To appoint a secretary, examiners, 
and such other subordinates as may be 
necessary, within the amount appropri- 
ated therefor; 

2. To make investigations concerning 
the enforcement an deflect of the provis- 
ions of the civil service law, in so far 
as it applies to the city, and the rules 
and regulations prescribed thereunder, or 
concerning the action of any examiner 
or subordinate of the commission, or of 
any person in the municipal service, 
in respect to the execution of that act, 
and in the course of such investigations 
each commissioner and the secretary 
shall have the power to administer oaths; 

3. To subpoena and require the at- 
tendance of witnesses, and the produc- 
tion thereby of books and papers perti- 
nent to the investigations and inquiries 
hereby authorized, and to examine them, 
and such public records as it shall re- 
quire in relation to any matter which It 
is required to investigate. 

For the purpose of enabling the com- 
mission to comply with the provisions of 
this section, it shall have all the powers 
conferred by the code of civil procedure 
upon a board or committee, and may in- 
voke the power of any court of record in 
the state to compel the attendance and 
testifying of witnesses, or the produc- 
tion thereby of books and papers as 
aforesaid. 

Sec. 284. No officer of said city whose 
duty it is to sign or countersign warrants, 
shall draw, sign or issue, or authorize 
the drawing, signing or issuing of any 
warrant on the chamberlain or other dis- 
bursing officer of the city for the pay- 
ment of salary or compensation to any 
person in the classified civil service of 
the city, for services rendered to the 
city, except upon certificate of the mu- 
nicipal civil service commission that all 
provisions of the civil service law, and of 
the rules adopted thereunder, have been 
complied with in all respects, so far as 
such law and rules apply to the person 
in whose favor the warrant is to be 
drawn. It shall be the duty of the com- 
mission, unless it shall find that such law 
and rules have not been complied with, to 
issue such certificate upon request. 

Sec. 285. Whenever in any department, 
institution or office of any appointing 
officer, board or commission, any office, 
position or employment, within the 
classified municipal civil service, is abol- 
ished, or made unnecessary through the 
operation of this act or in any other 
manner, or whenever the number of 
offices, positions or employments of a 
certain character is reduced, the person 
legally holding the office or filling the 
position or employment thus abolished or 
made unnecessary shall be deemed to be 
suspended without pay, and shall be en- 
titled to reinstatement in the same office, 
position or employment, or in any cor- 
responding or similar office, position or 
employment, within the same department 
or office or where a department or office 
is abolished by this act then within the 
department or office succeeding to its 
functions, if within one year thereafter 
there is need for his services. Whenever 
such office, position or employment is 
abolished or made unnecessary, it shall 
be the duty of the head of the depart- 
ment, or institution or other appointing 
officer, board or commision having juris- 
diction to furnish the name of the person 
or persons affected to the municipal civil 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


45 


service commission, with a statement in 
the case of each of the date of his origi- 
nal appointment in the service. It. shall 
be the duty of the municipal civil service 
commission forthwith to place the name 
of such persons upon a list of suspended 
employees for the office or position, or 
for the class of work in which they have 
been employed, or for any corresponding 
or similar office, position Or class of 
work, and to certify such persons for re- 
instatement, in the order of their 
original oppointment, before making cer- 
tification from any other list, and . no 
original appointment, promotion or trans- 
fer shall be made to any such office, posi- 
tion or class of work in such department 
or office until the list of persons eligible 
to reinstatement thereto has been ex- 
hausted. The failure of any person on 
any such list for reinstatement to accept, 
after reasonable notice, an office or posi- 
tion in the same borough and at the same 
salary or wages as the position formerly 
held by him shall be held to be a re- 
linquishment of his right to reinstate- 
ment as herein stated. 

CHAPTER XIII. 

INFERIOR LOCAL. COURTS. 

TITLE 1. 

THE CIVIL COURTS. 

Section 286. The city court is hereby 
continued; provided however, that in sec- 
tions three hundred and thirty-eight, 
thirty-one hundred and sixty-five, thirty- 
one -hundred and sixty-nine, thirty-one 
hundred and seventy and thirty-two hun- 
dred and sixty-eight of the code of civil 
procedure, the word .“city” shall be con- 
strued to mean and apply to the terri- 
tory within the city of New York as it 
existed and was constituted prior to the 
first day of January, eighteen hundred 
and ninety-eight. The court consists of 
ten justices, one of whom is chief jus- 
tice of the court, who shall be elected 
for a term of ten years by the qualified 
electors of the boroughs of Manhattan 
and The Bronx. Each of said justices 
shall receive a salary of twelve thousand 
dollars a year. 

Sec. 287. The municipal court of the 
city of New York is continued and the 
justices of said court and all city mar- 
shals in office when this act takes effect 
shall continue in office until the expira- 
tion of their terms, unless sooner re- 
moved. The successors of said Justices shall 
be elected for terms of ten years. The sal- 
ary of each of said justices elected from 
the boroughs of Manhattan. The Bronx 
and Brooklyn shall be eight thousand dol- 
lars a year, and the salary of each of 
said justices elected from the boroughs 
of Queens and Richmond shall be seven 
thousand dollars a year; provided that, 
in addition to said salary, there shall be 
paid to a justice elected from either the 
borough of Queens or the borough of 
Richmond ten dollars for each day on 
which he shall hold court in either of 
the boroughs of Manhattan. The Bronx 
or Brooklyn, on the certificate of the 
president of the board of justices that 
the holding of court by such justice was 
necessary by reason of the illness or 
absence of the justice regularly assigned 


to hold the same or of extraordinary 
pressure of business. 

TITLE 2. 

CRIMINAL COURTS. 

Section 288. 3. For the purpose of the 
administration of justice in courts of in- 
ferior criminal jurisdiction the city is 
divided into two divisions, namely; The 
first division, embracing the boroughs of 
The Bronx and of Manhattan;' the sec- 
ond division, embracing the boroughs of 
Brooklyn, Queens and Richmond. 

Sec. 289. The courts of special sessions 
and the city magistrates’, courts of each 
of the divisions of the city are hereby 
continued, and the justices of special 
sessions and city magistrates in office 
when this act takes effect shall continue 
to hold office until the expiration of their 
respective terms, unless sooner removed 
as provided by law 

Sec. 290. From and after the first day 
of January, nineteen hundred and ten, 
there shall be not less than eight jus- 
tices of the court of special sessions and 
not less than sixteen city magistrates 
of the first division, and not less than 
seven justices of the court of special 
sessions and not less than sixteen mag- 
istrates of the second division of the 
city. 

Sec. 291. 1. The salary of a justice of 
the court of special sessions in the first 
division shall be nine thousand dollars 
a year; and in the second division shall 
be six thousand dollars a year. 

2. The salary of a city magistrate for 
the first division shall be seven thousand 
dollars a year. The salary of a city mag- 
istrate appointed in the borough of 
Brooklyn in the second division shall be 
six thousand dollars a year. The salary 
of a city magistrate for the boroughs 
of Queens and Richmond shall be five 
thousand dollars a year. 

3. The term of office of a justice of 
the court of special sessions and of city 
magistrate shall be ten years and an 
appointment to fill a vacancy in either 
office shall be for the same term. 

chatty- 1 xiv. 

ART COMMISSION. 

Sec. 292. The art commission shall be 
composed of: 

The mayor, ex-officio; 

The president of the Metropolitan Mu- 
seum of Art, ex-officio; 

The president of The New York Public 
Library, Astor, Lenox and Tilden founda- 
tions. ex-officio; 

The president of The Brooklyn Insti- 
tute of Arts and Sciences, ex-officio; and 

Six members appointed by the mayor 
as hereinafter provided, of whom one 
shall be a painter, one a sculptor, and 
one an architect; of the remaining three 
members none shall be a member of any 
profession in the fine arts. All shall be 
residents of the city. The term of ofHce 
of each member appointed by the mayor 
shall be three years. Each head of a 
department shall be entitled to sit and 
vote as a member of the commission 
whenever it shall have under considera- 
tion any matter relating to his depart- 
ment. 

The board of trustees of each insti- 


tution herein named may designate in 
writing, filed with the mayor, a member 
of such board to sit and vote as a mem- 
ber of the commission in the absence of 
the president of such institution. 

Sec. 293. At least twenty days before 
the expiration of the term of office of a 
i member appointed by the mayor, or with- 
! in ten days after the happening of a. 
I vacancy otherwise than by expiration of 
I term, the mayor shall request the Fine 
Arts Federation of New York to submit 
a list of not less than three persons, each 
of whom shall possess the qualifications 
of the outgoing member, or of the mem- 
ber whose office shall have become vacant, 
as the case may be. Appointments by the 
mayor shall be made from such lists; 
but if in any instance the Fine Arts Fed- 
eration shall fail to submit a list within 
ten days after being requested so to do, 
the mayor may appoint without such nom- 
ination. An appointment to fill a vacancy 
shall be for the unexpired term. 

Sec. 294. The members of the commis- 
sion shall serve as such without com- 
pensation and shall elect a president, 
vice-president and secretary from their 
number, each to serve for one year or 
until his successor shall be elected. The 
commission may adopt its own rules of 
procedure. Five members shall consti- 
tute a quorum. 

Sec. 295. The city shall not purchase or 
take by gift, bequest or otherwise, any 
work of art unless the same or a design 
thereof shall have been first approved by 
the commission. No work of art shall be 
erected or placed in or upon, or allowed 
to extend over or upon, any street, park, 
public building or other property belong- 
ing to the city until the same and its 
proposed location shall have been ap- 
proved by the commission. When re- 
quired by the commission, a complete 
I model of a proposed work of art shall 
be submitted to it. No work of art in 
I the possession of the city shall be re- 
j moved, relocated or altered in any way 
j without the approval of the commission; 

; but in case the immediate removal or 
relocation of any such work of art shall 
be deemed necessary by the mayor, , the 
commission shall be deemed to have ap- 
proved thereof unless it Shall, within 
forty-eight hours after notice from the 
mayor, notify him of its disapproval of 
such removal or relocation. The term 
"work of art” as used herein shall apply 
to and include paintings, mural decorat 
tions, stained glass, statues, bas-reliefs 
or other sculptures, monuments, foun- 
tains, arches or other structures of a 
permanent character intended for orna- 
ment or commemoration. 

Sec. 296. 1. No building, bridge, ap- 

proach, gate, fence, lamp or other struc- 
ture shall be erected upon any street or 
land belonging to the city unless the de- 
sign thereof shall have beep first ap- 
proved by the art commission. 

2. No arch, bridge, structure or ap- 
proach, the property of any person, in- 
tended to extend or extending over or 
upon any street, park or property belong- 
ing to the city shall be erected or altered 
without the approval of the commission. 

3. Nothing herein contained shall be 
construed as intended to impair the power 
of the park board to refuse its consent 
to the acceptance or erection of public 
monuments, memorials or works of any 
sort in any park. 


% 


INDEX OF CHARTER 


A 

Sec. 

ftolf Kliment. See “Aldermen, Board 
of’; “Aqueduct Commissioners”; “As- 
sessors. Board of”; “Bank Deposit”; 
“Coroners”: “Education, Department 
of”; “Sinking Fund Commissioners, 
Board of”; “Street Cleaning Depart- 
ment.” 

Accounting; and Account*. 

Audit of accounts of all city officers, etc., 
charged with receipt of city moneys 
may be made by board of estimate 20 

Acquisition of Real Property for 
Public Purposes. 

Acquisition of real and personal property 

for public uses Subds. 1. 2 2 

Acquisition of title to land for public 

purposes. See “Local Boards” 273 

Application for such purchases by de- 
partments, boards or commissions 277 

Awards. 

No action for 2S0 

Payment of, by controller on man- 
damus 2S0 

Conditions upon which real property may 

be acquired by the city 276 

Corporate stock issued for Subd. 5 86 

Documents to accompany applications for 
such purchase, prescribed by board of 

estimate and apportionment 277 

Interest on awards, when to run 279 

Manner of application for purchase of 
real property, prescribed by board of 

estimate and apportionment 277 

Mode of acquisition. 

Purchase, authorized by board of es- 
timate Subd. 1 278 

Condemnation proceedings under right 

of eminent domain Subd. 2 278 

Pa yment of awards on mandamus 2S0 

Rapid transit railroads, corporate stock 
issued for acquisition of lands and ease- 
ments for Subd. 5 88 

Real property defined 2S1 

Right of action against city for awards 

of costs, when not allowed 289 

Title to realty acquired by condemnation, 
when to pass 279 

Action* Against the City 11, 12 

Conditions precedent to bringing actions 

against the city 11 

Payment of judgments against city, 

Subd. 4 96 

Venue of 12 

Administrative Departments. See also 

Individual Department. 

Now in existence, continued 102 

Branch offices in any borough to be au- 
thorized by board of estimate and ap- 
portionment ; ., 103 

Enumeration of— 

Bellevue and allied hospitals .81 

Bridges 51 

Buildings 51 I 

Charities 51 

Correction ... 51 

Docks and ferries 51 

Education 51 

Finance 51 

Fire * 51 

Health ..... 51 

7. aw , . 51 

Parks 5i 

Police 61 

Street control 51 

Tax 7.'...... 51 

Tenement house M 

Treasury 51 

Water supply 51 

Heads of departments to prescribe duties 

of officer? and employees 

Jurisdiction continued 10*? 

>faip office in Borough of Manhattan. . . . 103 

Powers r.ow in existence continued 102 

Rules and regulations which ones con- 
tinued In force 1C2 

Adulteration. 

Enforcement of laws re 153 

Advertising. 

Budget provides for cost of advertising 
required by law Subd. 12 62 

Ambulances Subd. 4 260 

American fuslilnlc of Architect* 241 

Annual Record of the Assessed 
Valuation of Real Estnte. 

Buqget provides for cost of compiling 
publishing Subd. 12 62 


Sec. 

Aqueduct Commissioners. 

Office abolished 222 

Powers de\’olved upon water commissioner 222 
Records to be delivered to water com- 
missioner 222 

Art Commission. 

Appointment of 48 

Appointment, manner of 293 

Approval of commission, when necessary 295 

Aproval. what constitutes 295 

Composition 292 

Election of officers 294 

Term of office 294 

Heads of city departments, when entitled 

to vote in commission 292 

Location and removal of structures, to 

be approved 295 

When necessity for Immediate removal.. 295 

Assessments for Local Improve- 
ment* and Awards for Changes 
in Grade*. 

Amount of award 267 

Applications for relief from, heard and 
determined by board of estimate, 

Subd. 2 66 

On what conditions Subd. 2 66 

Assessments for paving, etc., when not 

to be imposed Subd. 2 268 

Assistant corporation counsel may repre- 
sent corporation counsel 269 

Awards for changes of grade, when made, 

Sub. 2 267 

Awards for damages to unimproved 

land Subd. 3 267 

Board of revision 6f assessment and 
award. 

Appointment and removal 286 

Clerks 266 

Composition 266 

Duties, assessments Subd. 1 267 

Powers Subd. 4 267 

President of board, how designated.. 266 
Prohibition uoon: 

Not to assess any land more than 
one-half the value thereof with- 
out the improvements thereon. 

Subd. 1 268 

Salaries 266 

Secretory 266 

Subordinates 266 

Board of estimate’s authorization of 

awards f ., Subd. 3 267 

Board of revision of assessment and 
award. 

j Composition of 269 

Powers 269 

Certifications of awards to comptroller.. 267 
Clouds on title, bill to remove, when al- 
lowed • 270 

Commissions of awards for changes of 
grade in existence January one. nine- 
teen hundred ten. unaffected bv. 

Subd. 4 ?67 

Comptroller, member of board of revision 

of assessments 269 

Confirmation of assessment. when 

deemed to have taken place 269 

Confirmation of assessments or awards. 

Subd. 3 269 

Corporation counsel, member of board of 

revision assessments 269 

Covenants to repave, no release from. 

Subd. 2 26 S 

Deputy comptroller may represent comp- 
troller 269 

Directions to revise correct or confirm. 

Subd. 5 269 

Examination of witnesses Subd. 4 267 

Subd. 2 269 

Fraud in laying assessments 270 

Hearing on objections to assessments. 

Subd. 1 265 

Objections to assessments hearing on. 
j Subd. 1 269 

President of tax department, member of 

/ board of revision assessments 259 

Proceedings to vacate or reduce assess- 
ments, when to be brought 270 

Property benefited, assessments on for 
cost of conducting sewage disposal 

works 232 

Reduction of assessments 270 

Relief re assessments 270 

Remedies re assessments 270 

Return of assessments or awards to 

hoard of assessors Subd. 5 269 

Revision of assessments or awards. Subd. 4 269 

Rolls, assessment. 

Form of — 121 

In discretion cf tax department.... 121 


Pea, 

Of personal property 120 

What to contain 120 

Assessment, when not invalid 120 

Of real property 119 

What to contain 119 

Assessment, when not erroneous.. 119 
When assessment may be added to.. 125 

When open to public Inspection 122 

Subpoena duces tecum Subd. 4 267 

Subpoena, power to Subd. 4 267 

Tax commissioner may represent presi- 
dent of tax board 269 

Unimproved land, damages to.. ..Subd. 3 267 
Vacation of assessment, bill In equity 

for, when allowed 270 

Void assessments 270 

When actions for relief not to be main- 
tained Subd. 2 66 

When department may reduce, or coun- 
sel 124 

Witness compulsiry attendance of. 

Subds. 2. 4, §5 267, 269 

A**e**inent for Taxation. 

Application to reduce 123 

Appointment of 130 

Autopsy. See “Health, Department of.* 

Awards for Changes of Grade. See 

“Assessments for Local Improvements.” 

B 

Bank* and Trust Companies. 

Condi tons on v/hich city moneys are de- 
posited 67 

Designated by board of estimate for de- 
posit of city moneys 67 

Bellevue and Allied Hospital*. ..258-264 

Accident cases, care of Subd. 3 260 

Ambulance districts and stations. Subd. 4 260 
Ambulance service In Manhattan and the 
Bronx, except ambulance service main- 
tained by the health department, 

Subd. 4 £60 

Appointment of officers and employees by 
board on nomination of general super- 
intendent Subd. 1 260 

Board of trustees of Bellevue and allied 
hospitals. 

Appointment and removal by mayor.. 259 

Composition 259 

Charities commissioner, member ex 

officio 259 

Head of Bellevue and allied hospitals. 51 

Jurisdiction 258 

All public hospitals belonging to 
city in boroughs of Manhattan 
and the Bronx, except hospitals 
under charee of health depart- 
ment 258 

Powers and duties 260—264 

Qualifications of members 259 

Term 259 

To serve without pay 259 

Trustees not to be interested in con- 
tracts of any kind with or for city 

hospitals 259 

Contracts with Bellevue Training 
School for Nurses for training 

school building 263 

Subject to board of estimate’s 

approval 263 

Insane, examination and temporary 

care of Subd. 2 260 

Maintenance of Training School for 

Nurses £62 

Medical boards of city hospitals con- 
tinued 264 

Members to serve without pay 

during good behavior 264 

Vacancies, when filled 264 

Medical house officers 264 

Medical officers Subd. 1 26C 

Nonresidents, treatment in city hos- 
pitals 265 

Persons taken ill in the street, care 

of Subd. 3 269 

Removal of corpses from hospitals by 

charities commissioner 262 

Residents able to pay for mainten- 
ance. treatment In hospitals 261 

Superintendents Subd. 1 261 

Surgical house officers 264 

Transfer of patients to jurisdiction of 
charities commissioner 262 

Blackwell’* Inland. See “Corrections.** 

Blind. 

Budget provides for appropriations for 
relief and education of Subd. 13 63 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


47 


Boards. 

Members of 


Sec. 


ill. appointed by mayor. 

Subd. 1 4 S 

Bonds. 

Assessment bonds, kinds of, enumerated. 

Sec. 84. Subd. 1 
Corporate stock issued to pay cost 

of Subd. 5 t5) 

Defined Subd. 1 

Exempt from taxation 

Form 

Interest on 

Period for which issued 

Purposes for which issued 

Classes of obligations, enumerated 

Issued only when authorized by twelve 

votes of board of estimate 

Corporate stock. 

Defined Subd. 5 

Exempt from taxation 

Form 87, 

Payable, how 

Redeemable, when 

Redemption of. at maturity . .Subd. 5 
Statutes authorizing city to issue cor- 
porate stock, the purposes of which 
are not yet fulfilled, not repealed 

hereby Subd. 5 

Three classes only. 

Class A: Redeemable from sinking 
fund of The City of New York — 
Class B: Redeemable from water 
sinking fund of The City of New 

York 

Class C: Redeemable from any 
sinking fund created pursuant to 
Rapid Transit Act. t. 1891. Chap. 

4, and amendments thereof 

Discharge ct registered bonds 

Excess receipts of face value of city ob- 
ligations payable into general fund for 

reduction of taxation 

Expenses of defending title to office. 

Subd. 3 

Fund for street and park openings 

Continued 

What to consist of 

General fund bonds. 

Annual .interest on, provided by 

budget Subd. 20 

Defined Subd. 4 

Exempt from taxation 

Form . 

Issued to sinking fund for redemp- 
tion of city debt 

Interest on city obligations..*. 

Judgments against city, payment of. 

Subd. 4 

Manner of payment of interest on cou- 
pon bonds when registered 

Negotiability of coupons 

Private sale by comptroller 

Proposals for bonds or stock 

Awards 

Comptroller to open publicly 

Forfeiture of deposits payable into 
sinking fund for redemption of city 

debt 

Public advertisement for ten days .. 

Registry of coupon bends.... 

Registry of obligations in finance de- 
partment 

Transferable thereafter only on books 

of City 

Revenue fonds S.ec. 84. Subd. 2 

Defined Subd. 2 

Exempt from taxation 

Form 

Interest on .., 

Purposes for which issued 

Sale without public advertisement — 

Sale by comptroller 

Conditions of bidding 

Special revenue bonds — Sec. 84, Subd. 3 

Defined Subd. 3 

Exempt frem taxation 

Form ............ 

Interest on 

Purposes for which issued 

Redemption of special revenue bonds 
during preceding year provided for 

In budget Subd. 21 

Sale without public advertisement — 
Street improvement fund bonds defined. 

Subd. 1-b 

Street and park opening assessment 

bonds defined Subd. 1-a 

Transfer of bonds .. 

Boroughs. 

Boundaries of boroughs 

Commissioners to supervise removal of 
electrical conductors underground, etc., 

Subd. 20 

President. 

Devotion of entire time to business 

and duties of the board 

Election of 

Member of board of estimate ......... 

Number of votes 

Qualifications 

Removal of 

Sal a it ■ Subd. 2 

Special duties assigned to 

Term 

Vacancy, how filled Subd. 1 

Bridged, Department of. 

Board of estimate to prescribe tolls and 

prudential regulations 

Bridge commissioner head of bridge de- 
partment 

Bridges and tunnels under, jurisdiction 
of department declared public high- 
ways 


64 


235 

fl 

235 


Construction, when initiated by local 

boards 

Exceptions Subd. 3 

Foot-paths, free of tolls. 


Sec. 

27S 

234 



223 

..Subd. 21 

J 

Subd. 3 

^34 

alteration 



234 

..Subd. 24 

224 


Design of bridges to be approved by art 

commission 

Railroads on bridges, operation of, Subd- 5 

Brooklyn Inatitnte of Arts and 

Sciences 

Bn dg:et. 

Appropriations for departments, etc.. 

Subd. 2, 85 13, 

Blind, appropriations for 

Certification of. by mayor, comptroller 

and city clerk Subd. 1 

Consideration of. by council not to con- 
tinue beyond twenty days Subd. 5 

Deficiency in revenues of any sinking 
fund for payment of interest on bonds 

and stock redeemable therefrom 

Departmental estimates to be submitted. 

Subd. 2 

Duplicate departmental estimates to be 

sent to council Subd. 2 

Duties of council re 

Fmeigencv appropriation 

Estimated receipts of departments, etc- 

Subd. 2 

Filing in comptroller’s office Subd. 1 

Final adoption of Subd. 1 

Prior to December 25th annually. 

Subd. I 

General fund for reduction of taxation. 

receipts of Subd. 3 

Hearings on Subd. 4 

Improvements, reduction by council of 

budget for Subd. 5 

Increases by council forbidden. .Subd. 5 

Includes sum sufficient to nay claims for 
awards and costs remaining due in con- 
demnation proceedings made and con- 
firmed before a dsv certain 

Items to be provided for enumerated. 

Subds. 1-22 

Items which may be reduced or relected 

by council . ..! Subd. 5 

Publication in City Record, when.. Subd. 5 
Final publication in City Record. 

Subd. 1 

Reduction by council Subd. 5 

Rejection by council Subd. 5 

Revenues, sources and estimated re- 
ceipts to be shown in Subd. 3 

Salaries, reduction by council . .Subd 5 

Sinking fund, receipts of Subd. 3 

Sources of revenues to be shown in. 

Subd. 3 

Special meeting of council to consider. 

Subd. 5 

Supplies, reduction by council Subd. 5 

Taxpayers’ hearing on Subd. 4 

Transmission to council Subd. 4 

Three-fourths’ vote of council necessary 
to override mayor’s veto of reduction 

or rejection by council Subd. 5 

Variation by council forbidden. .Hubd. 5 

When to be made Subd. 1 

When deemed adopted as transmitted. 

Subd. 5 

Building Department 236 

Appeal from decision of superintendent of 

buildings 

Final decision, when reached 

When to be taken .. 

Board of appeal. 

Appointment 

Clerk, appointment, salary, removal 

Composition .. 

Fees, manner of payment .. 

Presiding officer desienoted by mavor. 

Chief inspector of buildings Subd. 3 

Qualifications Subd. 3 

When to act as superintendent. 

Subd. 3 

Commissioner. 

Appointment Subd. 1 

Head of building department 

Jurisdiction Subds. 1. 2. 3 5. 6 

Exceptions Subd. 19 

Subds. 2. 3. 6 
limitation pn power to issne permits. 

Powers, enumerated Subds. 1. 3 

239, 

Qualifications 

Variation of ordinances by commis- 
sioner 

Conversion into tenement house 

Deputy commissioner, powers 

Entrv of 

Between sunset and sunrise, written 

order necessary 

Expense incurred in condemning unsafe 
buildings, met by special revenue 

bonds Subd. 1 

Expense of making buildings safe, re- 
coverable at law and a preferred lien 

on land Subd. 1 

Hearing on petition for modification of 

ordinances 

Inspection of 

Inspectors, powers ...... 

Materials • 

Mode of construction 

Officers and employes not to be engaged 

in certain businesses. — ... 

Ordinances re 

May be varied by commissioner 


296 

234 


292 


61 

60 

S2 

60 

60 

41 

62 

60 

61 

6i 

61 

60 

60 

60 

60 


to 

62 

60 

60 

60 

60 

60 

60 

no 

60 

60 

60 

60 

60 

60 


60 

fio 

60 

60 

■242 

241 

241 

241 

24 1 
241 
241 
241 

238 

238 

235 

48 

51 

234 

224 

234 

?36 

238 
240 
536 

240 

236 

239 
239 

239 


36 


235 

240 
239 

239 

241 

241 

242 

240 
240 ‘ 


Sec. 

Permits for 

Petition by owner for modification of 

ordinances must set forth grounds 240 

Reconstruction, order for Subd. 1 238 

Records to be kept of petition for modi- 
fication of ordinance and decision by 

commissioner thereon 240 

Rejection of plans by superintendent of 

buildings 241 

Removal of buildings, order for.. Subd. 1 238 
Repair of buildings by health depart- 
ment * Subd. 12 158 

Shoring of 239 

Superintendent of buildings under con- 
trol of commissioner 237 

Qualifications Subd. 2 238 

Tenement house commissioner, certificate 

of 236 

Unsafe buildings Subd. 1 238 

Vacation of unsanitary buildings 158 

Bureaus, 

Board of estimate and apportionment.... 57 

Building department - 237 

City treasury v. 112 

Executive 50 

Finance HO 

Fire , 177 

Health 160 

Daw 137 

Police 145 

Street control 288 

Tenement house department 245. 246 


Cestui Qne Trust. See “Property of 
the City.” 

Chamberlain. 

Bond HI 

Custodian of all moneys , Ill 

Duties prescribed by general laws Ill 

Fees of. city and county officers to be 

paid to 26 

Head of city treasury 51 

Notified by board of estimate in what 

banks and trust companies to deposit 

city moneys 67 

Charities, Department of. 

Abandonment proceedings. general 

powers Subd. 21 250 

Almshouses 252 

Ambulance districts Subd. 17 250 

Ambulance service, control over, in 

Brooklyn, Queens and Richmond, 

Subd. 17 250 

Except ambulance service by health 

department Subd, 17 250 

Ambulance stations Subd. 17 250 

Bastardy proceedings, general ixnvers. 

Subd. 20 250 

Care of patients transferred by board of 

trustees of Bellevue and allied hospitals 262 
Classification of inmates of charitable 

institutions Subd. 7 250 

Comipissioner. 

Appointment Subd. 1 48 

Duties 250, 253 

Head of charities department 51 

Jurisdiction 250, 251, 252 

Over premises on Blackwell’s 
Island upon cessation of correc; 
tion commissioner’s control 

thereof 257 

Overseer of the city poor 250 

Powers 250. 253 

Prohibition on powers...: Subd. 4 230 

Qualifications 22 

Compulsory maintenance of poor persons 
by their grandparents, parents, chil- 
dren Subd. 19 250 

Constructing new buildings required by 

the charities department Subd. 14 230 

Control of city hospitals, almshouses, 

etc 252 

Exceptions: Certain premises on. 

Ward’s Island for a certain term 

of years 25t 

Such institutions as are hereby 
placed under the control of some 

other department 251 

Disposition of articles produced by la- 
borers in charitable institutions. Subd. 8 250 
Distribution of appropriations among in- 
digent adult blind Subd. 16 250 

Employment of inmates of department 

institutions Subd. 8 250 

Hours of labor , .Subd. S 250 

Punishment for refusal of v*ork. 

Subd. ,8 2*0 

Enforcement of poor law Subd. 1 250 

Establishment of bureaus in the several 

boroughs Subd. 2 250 

Framing of rules for government of city 

institutions Subd. 3 250 

Indenturing, discharging or transferring 

children in his custody Subd. 12 250 

Infants placed as public charges in 

charitable institutions .Subd. 11 250 

Such institutions must comply with 
rules of the State Board of Char- 
ities Subd. 11 250 

Inspection of institutions, charitable, 

eleemosynary or reformatory 253 

‘.‘Institution” defined 254 

Investigation of inmates of charitable in- 
stitutions and their relatives Sub^. 6 250 

Morgues not under health department 
and board of trustees of Bellevue and 

Allied Hospitals Subd. 15 250 

Outdoor relief to be dispensed only to 

tji.e Mind Subd. 4 230 

I'pvment of moneys to institutions 253 

Conditions of payments 253 


43 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


no 

no 

irj 

57 

177 

110 

177 

177 

57 

228 

228 

2°R 

112 

228 

37 

57 

.112 

110 

57 

228 

57 

228 

57 

36 

61 


Sec. 

When compensation to cease 253 

•'Pool* ’person” defined:..:...:...'..:...' 234 

provided for .Subd. 5 230 

Potter’s fields Subd. 15 250 

on Hart's Island to remain under de- 
partment of correction... Subd. i5 250 

Prosecution of vagrants in magistrate's 

court Subd. 5 250 

Public buildings, repair of Subd. 14 230 

Reception, examination- and care ' of al- 
leged lunatics in boroughs of Brooklyn. 

Queens and Richmond Subd. 13 230 

Removal of corpses from city hospitals. . . 262 
* Of penal institutions on Blackwell’s 
Island to Hiker’s Island or Hart’s 

1 slant] • . . . .-. . . . : ....... 257 

Of persons likely to become city 

charges Subd. 4 '254 

Schools in charitable institutions. .Subd. 9 250 

Training school* for nurses for chari - 

• table hospitals Subd. 10 250 

Temporary care in public hospitals of 
persons injured -or taken ill in the 

streets 251 

Treatment of nonresidents in charitable 
institutions . on payment for board and 

a.t t.e n d a n^e. t . . 251 

Nonresidents' not to be received to ex- 
clusion of residents 231 

Treatment In charitable institutions of 
residents able to pay in whole or in 

part for care, etc/. .....' ; 251 

Vagrant?. 

Investigation into circumstances of. 

/ Subd. 5 250 

Prosecution before magistrate. Subd. 3 250 

. Provision . for vagrants and car#*, of 

} indigent persons- Subd. o 250 

Temporary care of .Subd. 5 230 

Change of Grnde. See “Assessments 
for LocaT 'Improvements.’' * 

Chief* of Bareoas. 

A ccou fits . . Subd . 2 

Nudif .................. .......Subd. 1 

City - treasury Subd. 1 

Claims .................Subd. 4 

Combustibles .‘...Subd. 2 

Disbursements Subd. 3 

Fire Subd. 1 

Fire marshals Subd. 3 

Franchises Subd. 2 

Gas and electricity .i.V. .Subd. 4 

Highways bureau Subd. 2 

Incumbrances bureau' Subd. 5 

licenses J 1 

Public buildings Subd. 5 

Public improvements .....Subd. 1 

Real estate Subd. 3 

Revenue Subd. 2 

Rewards .... : Subd. 4 

Salaries . . x .. .....Subd. 5 

Sewers bureau ^Subd. 3 

Statistics and publicity — Subd. 6 

Street cleaning bureau Subd. 1 

Supplies *•. Subd. 7 

City Clerk. " 

Appointment ....... i .. i 

Certification of budget by... v. .....Subd. 1 

City Conrt. See “Inferior Local Courts.” 

City Engineer ....Subd.' 1 57 

City Magistrates. See “Criminal 
Courts.” 

City of Yew York. 

Confirmation of .city’s obligation re debts 
of its component parts, previously inde- 
pendent municipal corporations 4 

Confirmation of grants of land under 

water 9 

Continuation of city as a municipal cor- 
poration • — 

Grants of lands under water confirmed... 

Litigate, power to Subcl. 4 

Local administration, powers of, to be 

exercised by the council..... 

'Limitation upon 

Powers. r 

General .....Subd. 5 2 

Implied Subd. 5 2 

Incidental ............ ............. Subd. 5 2 

Title of city to water-front property, parks 

and streets :nalienatle 6 

City Penitentiary. See “Corrections.” 


City Record. 

Budget provides for cost . of publish- 
ing Subd. 12 62 

City Treasury. 

Bureaus. 

City treasury 112 

Revenue 112 

Chamberlain. 

Bond Ill 

Custodian of all moneys Ill, 114 

•Duties prescribed by general laws 114 

Fees of city and county officers to be 

paid to 26 

Head- of city treasury - 51 

Treasurer of the city and counties 

included Ill, 113 

Warrants paid by Ill 

Code of Civil Procedure, what sections 

applicable to 113 

Licenses * 112 

•Chief of bureau of licensee 112 

Receiver of taxes and revenues... Subd. 2 112 


Civil Service Law. 

Appointments of all persons in the public 
s?ryice of the city to be made in ac- 
; cordance with the provisions of 282 


Sec. 

Status, of persons in public service of 
city, liovv changed .'. 282 

Claims. 


Examination, of. by board of estimate. 

Subd. 1 66 


Examination of witnesses Subd. 1 66 

Payment of.. Subd. 1 66 

By special revenue bonds Subd. 6 96 


What claims .not to be paid Subd. 1 66 


College of the City of Yew York. 

Existing statutes relating to the Free 
Academy declared applicable to City 


College/ 200 

Continued as a bodj* corporate.. 199 

Commissioner* of Deeds. 

Appointment- of 42 


ConimisNloners of the Land Office. . 

See ‘‘Land Office.” 

Coni mission*. 

Members of all, appointed by mayor. 

Subd. 1 4S 

Com jitrolier. 

Duties. 

Awards and costs in condemnation 
proceedings, to furnish to board of 
estimate statement of amounts of.. 73 
Balance in city treasury to credit of 
assessment fund, to make state- 
ment of. to board of estimate and 


apportionment 73 

Certification of budget by Subd. 1 61 

Certification of, to council of aggre- 
gate amount fixed in burget to be 
raised by taxation Subd. 2 61 


Submission to c0unCN of estimate of 
. receipts and revenues of general 
fund for reduction of taxation. 

Subd. 2 61 

.Written approval of contracts with 
private water companies.. ..Subd. 15 64 


Head of finance department 51 

Member of board of estimate. 52 

Board of revision of assessments 210 

Number of votes 52 

Qualifications 22, 25 

Removal r of. .' V. . . 23 

Condemnation Proceeding:*. 

Authority for 276 

All reports in proceedings confirmed with < • 
amount of awards and cost9 to be fur- 
nished by corporation counsel to board 

of estimate 73 

Practice in 278 

Publication of cost of acquiring title to 
real estate by board of estimate. Subd. 4 72 

Of unpaid awards in condemnation 
proceedings Subd. 5 72 

Contagion. See “Health, Department 

of.” 

Contractu. 


Conformity with standard of supplies re- 
quired in all contracts for supplies 68 

Employes not to be interested in city 

contracts 18 

Forfeited when city officers interested 

in them 18 

Officers not to be Interested in city con- 
tracts .......... 1 18 

Not to be stockholders of any corpo- 
rations contracting with city 18 

Performance of unexecuted 13 

Terms of. not to be altered by council.. 49 
Unexecuted contracts, performance of..., 13 

Uniformity in terms, conditions and spe- 
’ eifleations of, required 68 


Coroner. See “Health, Department of.” 
Office of;- abolished........ n.Subd. 1 166 

Corporation Counsel. See also “Law- 
Department.” 

To certify in writing city interests in real 
estate .which are mere clouds on title, 

Subd. 5 64 

To furnish board of estimate with 

(1). Amount of awards and costs 


taxed in each proceeding 73 

(2): List of reports in condemnation 

proceedings -. 73 

Corporate Name 2 

Corporate Powers 2 

Corporate Stock. See “Bonds.” 
Correction, Department of. 

Commissioner. 

Head of Department of Correction... 51 


Jurisdiction 255 

Blackwell'9 Island, in part 257 

Control over buildings on Blackwell’s 

Island, -when to cease 257 

City prisons and correctional institutions. 

Subd. 1 255 

Custody of prisoners lawfully committed 
to institutions under his control. 

Subd. 2 255 

County jails of Queens and Richmond, 

Subd. 1 255 

Hart’s Island 257 

Ludlow street jail Subd. 1 255 

New York County penitentiary on 

Blackwell’s Island, abolished 256 

New York City penitentiary, on Rikers 

Island ................. 256 

Persons ar rested or detained by order of 

a court or judge in civil actions 255 

Rikers Island- ... 257 

Rikers • Island prison to be known as 

New York County penitentiary 256 

Transfer of prisoners from county peni- 
tentiary to city penitentiary 256 


Sec. 

Correctional Institutions. See also 

“Correction, Dept, of.” 

Budget provides for Subd. 13 €2 

Council. 


Ayes and noes to be recorded on final 

passage 33 

Budget, duties and powers re Subd. 5 60 

Clerk, appointed by 36 

Commissioners of deeds, appointed by.. 42 

Composition * of 39 

Councilmen. 

Election 32 

Number of SO 

Qualifications . 32 

Service without pay 35 

Term 32 

Vacancies S2 

How filled 32 

Determination of amount to be raised 

by taxation Subd. 3 61 

Districts. • 

Boundaries 31 

Number Subd. 1 31 

Reapportionment of 31 

Territory -31 

Journal S3 

Judge of returns and qualifications of 

members 1 32 

Legislative acts to be by ordinances .... 36 

Legislative powers vested in council 1 27 

Meetings. 

Annuel meeting to determine rate of 

taxation Subds. 2, 3 61 

First meeting 30 

Special meeting to consider budget, 

Subd. 5 69 

One house, to consist of 27 

Ordinances, 

Amendment of 36 

Application to be general 36 

Approved by mayor 37 

Conditions precedent to passage 36 

Majority vote necessary 36 

Power of council with respect to 34 

Special ordinances, when permitted.. 36 

Style of ; *.... 36 

Powers. 

Re .administrative code 35 

All powers of local administration, . ♦ 

except as- herein provided 3 

Limitation upon 3 

Prescription of duties of officers and em- 
ployees appointed by it 37 

President of council •>* 

Eligibility og 

Manner of election *. [ 28 

Presiding officer in meetings 29 

Removal of 93 

Salary 28 

Term 28 

Vacancy, how filled ****** 29 

Voice and vote in meetings 28 

When to act as mayor Jg 

Limitation of powers 4<? 

When to have no vote ! 32 

Prohibitions upon ] 40 

Not to alter terms of contracts...... 40 

Not to audit claims against city 40 

Quorum. 

Power of smaller number than 

quorum 33 

Rules of its proceedings 33 

Sergeant-at-arms and assistants appoint- 
ed fiy 35 

Special committees to investigate city 
government. 

Appointment by council 43 

Powers of 43 

Tax levy, duties re 41 

Vice-chairman. 

When to act as president 30 


Coarts. See also “Inferior Local Courts.** 


Expenses relating to. 

Calendars of state courts of record in 
„ city, cost of publishing provided 

for in budget Subd. 8 62 

Administration of Justices provided 

for in budget Subds. 6.7 62 

Law journal, designated by appellate 
division in first department, cost of 
publishing provided for in budget. 

Subd. 8 62 

Law libraries of appellate division in 
first department, supreme court in 
first judicial district and in the 
borough of Brooklyn, cost of main- 
taining provided for in budget. 

„ , Subd. 9 62 

Comity, 


Charges and expenses kept separate from 

city accounts ; : Subd. 6 98 

Expenses chargeable to counties as dis- 
tinguished from city charges provided 

for in budget Subd. 4 62 

Pajmient of lawful charges, etc., against. 

by special revenue bonds Subd. 6 96 

County Clerk*. 

Vested with civil functions of coroners.. 18$ 

County Jail or Sheriff- * Prison ... 255 
Comity Penitentiary. See “Correc- 
tions.” 

Custodian of Public Buildings, 

Subd. 5 228 

D 


Damages for Change of Grade. 

See “Assessments for Local Improve- 
ment.” 

Dangerous Things. 

Destruction of putrid cargoes by health 
department ....Subd. 11 158 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


49 


See. 

Deaf and Dumb, 

Budget provides for relief of..Subd. 13 63 

Debt, City. 

Budget provides! for: 

Annual interest on Subd. 17 62 

Annual quota for redemption of city 
debt, including installments payable 
during ensuing budgetary year. 

Subd. 18 62 

Definitions. 

Administrative code Subd. 9 

Assessment 

Board 52, 

Bulkhead line Subd. 1 

City ...Subd, 1 

Commissioner 

Councilman Subd. 5 

Department * 

Employee Subd. 4 

Franchise * Subd. 6 

Institution 

Bodging house 

Marginal wharf Subd. 2 

Nuisance Subd. 2 

Officer Subd. 3 

Permanent bulkhead or wharf.. Subd. 2 

Person * Subd. 3 

Poor person 

Port of New York Subd. 8 

Real property 

Schools 

Street - Subd. « 

Tenement house ...Subd . 1 

Water front property ......Subd. 10 

Works of art 

Departments. 

Administrative. See Branches of 103 

Controversies between departments over 

jurisdiction or powers Subd. 17 64 

Expenditures, regulation of. so as not 

to exceed appropriation 20 

Heads of, all appointed by mayor 48 

Provision in budget for cost of equip- 
ment, repairs, renewals and supplies re- 
quired for administration and main- 
tenance of Subd. 1 62 

Rent of buildings or offices for. pro- 
vided for Subd. 2 62 


5 

265 

105 

207 

5 

105 

5 

105 

5 

5 

254 

172 

207 

249 

5 

207 

5 

254 

5 

281 

1S5 

5 

249 

5 

295 


Disease. See "Health Department" 

Docks and Ferries, Department 

of - 202 

Acquisition of water-front and ferry 

property Subd. 10 

Board of estimate and apportionment, 

203, 205. 

Bulkhead lines, defined Subd. 1 

Commissioner: 

Head of department Subd. 9 

Jurisdiction 

Over water-front property. Subd. 1 

Regulation of Sub. 7 

Ferries and ferry property owned 

by city Subd. 9 

Powers 202 

Construction of wharf property. .Subd. 5 
Deficiency in operation and maintenance 
of ferries, payable by special revenue 

bonds Subd. 7 

Definitions 

Distances between piers Subd. 5 

Ferries and ferry property Subd. 9 

Acquisition of Subd. 10 

Leases 

Term 

Maintenance 

Operation 

Fire department, wharfs . for 

Leases of ferries and wharf property.. 

Marginal wharf, defined Subd. 2 

Permanent bulkhead or wharf defined. 

Subd. 3 

Pier head line Subd. 3 

Plans for water front Subd. < 

Powers of commissioner, which subject 
to approval of board of estimate act- 
ing as sinking fund commissioners.... 
Regulation of. 

Vessels »«.»•••••••••••• 

Water front property not owned by 

city Subd. 6 

Soundings Subd. 1 

Surveys Subd. 4 

Vessels. 

regulation of 

Water front property 

Acquisition of Subd. 10 

Lease of 

Term 

Wharfs designated by commissioner.... 
For use of. 

Canal boats 

City departments 

Floating baths ;•••• 

General wharfage purposes 

Markets 

Recreation piers 

Tramp vessels 

Uses specified by board of estimate 


158 


-207 

203 

206 

207 

51 

302 

202 

202 

202 

• 20 $ 

202 


96 

207 

202 

202 

202 

204 

204 

204 

204 

206 

204 

207 

207 

202 

202 


206 

206 

205 
202 
202 

206 

202 

204 

204 

203 

203 

203 

203 

203 

£03 

203 

203 

203 


Sec. 

Appointment of employees to assist super- 
vising staff Subd. 2 190 

Appointment of local school boards 197 

Appointment of supervising officers, 

Subd. 2 190 

Approval of text books, apparatus and 

school supplies Subd. 8 192 

Assistant city superintendent. Subd. 2, 190, 193 
Assistant directors of special branches. 

Subd. 2 # 190 

Assistant supervisor of lectures.. Subd. 2 190 

Auditor Subd. 1 190 

Board reconstituted by this act ‘ 

Appointment, and removal by mayor 1S8 


Appointment 


188 


Educflfion. Department of. 

Abolition of Board of Education as at 

present existing ] 84 

Abolition of position •••••••: 

Administrative officers Subd 1 J90 

How appointed and removed 190, 191 

Trial on charges 


192 

190 


Time of appointment Vf8 

Composition. 15 members 188 

Head of Department of Education.... oi 
Jurisdiction. 

Entire city school system 18a 

Members. 

Classes of 

Qualifications of 189 

Service without pay 189 

Successor to powers, etc., of abol- 
ished board ^85 

Term JJ8 

Vacancies, how filled 189 

Not to be a corpo ration .... 

Powers enumerated l^ 2 

Prohibitions upon board. 

No book written by a member, of- 
ficer or employee of the board to 
be used in schools, except on ap- 
proval of board * 32 

Board of superintendents 193 

Composition 

Duties of ••••••"‘In* 

Bylaw’s now In force continued until 

amendment by new board Subd. 10 192 

Changing grades of classes Subd. 3 192 

Chief clerk Subd. 1 190 

Citv superintendent Subd. 2 190, 193 

College of The City of New York, con- 

tinued as a body corporate 199 

All existing statutes relating to the 
Free Academy declared applicable 

to City College 200 

Competitive examination for all teach- 
ers. etc 

Consolidation of schools Subd. 2 1JE 

Construction, repair, alteration and main- 

tenance of school buildings Subd. 4 192 

Director of school buildings, to be an ar- 
chitect of experience and standing. 

Subd. t 190 

Directors of special branches ....Subd. 2 190 

Discontinuance of schools Subd. - 

District superintendents Subd. 2 

Educational property under control of 
department for purposes of public edu- 
cation and records, and for other pub- 

lie and social uses ? 

Eligible list, who to be on preferred...... 195 

Employees to assist administrative of- 
ficers Subd. 1 

How appointed Subd. 1 

Employees to assist supervising staff- 

How appointed Subd. - 

Enactment of by-laws, etc., re transaction 

of all department business Subd. 10 19- 

Establishment of playgrounds. 

Schools and classes Subd. 1 

Farms Subd. 7 

Examiners Subd. 2. 190, 

Holy Scripture, not to be excluded from 

schools 

Local school boards. . 

Alteration of school board districts to 

conform with council districts 197 

Appointment, term, functions, etc., 
prescribed in Administrative Code .. 197 
Maintenance of free lectures, etc.. Subd. 5 192 
Modification of courses of study... Subd. 3 192 

Playgrounds %uM. 7 102 

Preferred eligible list, who to be on »95 

Present board abolished ••••• 184 

City to be substituted for board or 
education in actions pending by or 

against said board 184 

Rights and powders devolved upon 

board as herein constituted 185 

Terms of members to cease February 

1, 1910 184 

Promotion of welfare of school system^ ^ 

Provision of special day or evening classes 
to instruct foreigners in the English 

language - — ..Subd. 6 192 

Recommendation to board of estimate or 
the renting of additional property for 

schools ..Subd. 9 19- 

Regulation of disbursement of school 

funds Subd. 10 192 

Schools (means “public schools") • • 185 

Free to residents between 4 and 21 

years of age •••••••••* 

School farms Subd. 1- 

Subd. 7 192 

School moneys, distribution to sectarian 

schools forbidden 198 

School system, to mean public school sys- 
tem ^ 

Eceptions: Children under six years 
eligible only to kindergarten classes 186 
Regulation of, prescribed by the board 186 

Secretary of department Subd. 1 190 

Social uses of school property 187 

Superintendent of libraries Subd. 2 190 

Supervisor of lectures Subd. 2 190 

Supervisors of janitors Subd. .1 190 

Supervising staff .........Subd. 2 190 

Eligibility Subd* 2 190 


190 

190 

190 


192 

192 

193 

198 


186 

64 


€4 


€2 


54 

59 


27(7 


Sec. 

How appointed and removed 190, 191 

Trial on charges 191 

Supervisor of supplies ...Subd. 1 190 

Teaching' staff. 

Appointment 194, 195 

Assistants to directors of special 

branches 394 

Assistants to teachers 194 

Directors of special branches 194 

Heads of department 194 

Inspectors 194 

Principals 394 

Promotions, how made J95 

Reassignment to grades 195 

Removal 195 

Teachers 194 

Tenure 1% 

Version of Holy Scriptures used in schools 

not to be chosen by board 193 

Women, two members of each board to 

be • • ... 197 

Flections. 

Expenses of provided for in budget, 

Subd. Z 12 

Elective Officers. 

Removal £3 

Ineligibility of removed officers 24 

Vacancies, manner of filling 25 

Electrical Conductors. 

Removal of underground ..Subds. 13. 19 64 
Regulation of stringing of wires, etc., 

^ ‘ Subd. 20 64 

Erection of poles Subd. 20 64 

Supervision by borough cdtnmissl oners, 

„ „ ^ Subd, 20 64 

Board of estimate to prescribe rules re, 

Subd. 20 

Eleemosynary Institution*. 

Budget provides for Subd# 13 

Estimate and Apportionment* 

Acts of board to be by a majority reso- 

lutlon Subd. 2 

Alteration of salaries 

Approval necessary to. 

Acquisition of real property for pub- 
lic purposes 

New water works Subd.*7 316 

. ^ ^ . Subd. 3 218 

Assignment of special duties to borough 

president 65 

Branch offices in any departments in any 

borough established by «... 303 

Composition n 

Contract between board of trustees 6f 
Bellevue and Allied Hospitals and 
Bellevue Training School for Nurses.. 263 

Consent of, to exercise of franchise 8 

Cumulative voting 52 

Documents accompanying applications 
for purchase of real property, pre- 
scribed by 277 

Duties, mandatory 65, 67, 68, 71, 72 

Establishment of bureaus £7 

Expenditures, consideration of resolutions 

relating to 5$ 

Franchises, consent to exercise of 8 

Meetings of Subd. 1 54 

Number of votes of each member 52 

Powers, enumerated .♦.,..64—66 

Additional 69—70 

Preparation of budget 60 

Presiding officer Subd. S 54 

Purchases of realty, manner of applica- 
tion for prescribed by general reso- 
lution 277 

Quorum 53 

Resolutions, how passed 52 

Salaries of city officers and employes. 

Axed by Subd. 1 59 

“The Board," to mean board of estimate. 52 

Ten votes, when required 56 

Toll6 and prudential regulations for 

bridges, prescribed by 235 

Twelve votes, when required, 

Subd. 15. 62. 64, 83 

Votes necessary to pass measures 52 

When twelve notes required 85 

Executive. See “Mayor." 

Exemption. 

Of street cleaning employees from mili- 
tary and jury duty 229 

Of obligations of city from taxation.... S7 


Farm*. See “School Farms.” 

Fees. 

Of city and county officers to be paid 
to chamberlain 26 

Finance Department. 

Bureaus in no 

Accounts 310 

Audit 130 

Disbursements no 

Records no 

Comptroller 106 

Auditor and chief disbursing officer.. 108 
Board of estimate and apportionment, 
members to cast one vote each in 
appointing comptroller’s successor.. 107 

Bond 106 

Certify to the reasonableness of cer- 
tain claims against the city 109 

Claims requiring comptroller’s certifi- 
cate before payment 109 

Election . I06 

Prescribe forms of keeping city ac- 
counts. subject to rules of the board 

of estimate and apportionment 10§ 

Prohibition upon, the comptroller ... W 


So 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


Sec. 

Salary 106 

Term 106 

Term of appointed successor 107 

Vacancy, how filled 107 

Fine Arts Federation 293 

To make nominations for art commis- 
sion. 293 

Fire Department. 

Appeals from determination of second 

deputy commissioner 

Board of estimate and apportionment 
to prescribe conditions of purchase of 

property of volunteer fire force * 

Bureaus Subds.l— 3 

Bureau of combustibles Subd. 2 

Fire bureau Subd. 1 

Fire marshals* bureau Subd. 3 

Charges against members of force 

Charges against members, how finally 

determined 

Chief of fire department Subd. 1 

Combustibles Subd. 2 

Sale of Subd. 2 

Storage of ..Subd. 2 

Commissioner 

Powers 

Appointment of two deputies 

Assignment of forces Subd. 1 

Destruction of buildings to prevent 

spread of fire Subd. 3 

Examination of structures containing 

combustibles Subd. 5 

Extinguishing fires on vessels, docks, 

etc Subd. 6 

Grading of forces Subd. 2 

Head of fire department 

Prevention of spread of fires. 

Subd s. 3—6 

Vacancy in office of, how filled 

Deputy commissioners. 

Appointment by fire commissioner.... 
Second deputy to be an attorney-at- 

law 

Duties: To examine, try and de- 
cide charges against members of 

force 

Qualifications 

Extension of, throughout the city as 

soon as practicable 

Extinguishment of fires Subd. 1 

Final decision of charges, how made 

Fire department defined Subd. 2 

Fire marshals Subd. 3 

Inspector of combustibles Subd. 2 

Jurisdiction and general power 

Members of department. 

Application for retirement 

Continued in office Subd. 1 

Eligibility 

Exempt from military or jury duty, 
arrest on civil process and sub- 
poenas from civil courts while on 

duty 

Probationary service deemed service 
in determination of eligibility for 

advancement, pension, etc 

Qualifications 

Resignation, condition of Subd. 1 

Retirement age, sixty-five years 

Retirement of 

By application of member 

By order of commissioner 

Origin of fires, investigation of... Subd. 3 

Prevention of fires Subd. 1 

Protection of property Subd. I 

Rights of force to pension not impaired 
by commission’s changes in "fades. 

Subd. 3 

Salaries, subject to deductions for cause. 

Subd. 2 

Telegraph operators, members of fire 

force 

Trials of members by deputy commis- 
sioner 

Appeal from deputy’s decision 

Uniformed force continued Subd. 3 

Volunteer fire departments, property of 

to be acquired 

Food. See “Health Department’* 

Franchises* 

Consent by the board of estimate and 

apportionment to exercise of 8 

Corporate stock issued for acquisition of 

rights in and to Subd. 5 (3) 86 

Definition 5 

How granted 7 

Special franchises to be included in sum 
deducted by board of estimate from 
assessed valuation of real estate sub- 
ject to taxation appearing on assess- 
ment rolls Subd. 7 72 


General Fnnd Bonds Subd. 4 86 . 98 

General Fund for tl»e Rednetion 
of Taxation. 

Estimated receipts and revenues of. to be 
deducted from aggregate amount fixed 
in budget to be raised by taxation. 

Subd. 3 01 

What moneys to be paid into 63 

Grants of Lands Under Water, 
Confirmed 9 

Riparian proprietors, rights of 10 


181 


173 
177 
177 
177 
177 
175 

181 

177 

177 

177 

177 

174 

174 

175 
174 

174 

174 

174 

174 

51 

174 

175 

175 

175 


175 

175 

173 

177 

181 

176 

177 

177 
173 

183 

176 

178 


170 


178 

178 

180 

183 

183 

183 

183 

177 

177 

177 


176 

180 

176 

181 

181 

176 

173 

158 


H 


Hart’s Island. See “Corrections.’* 

Health. State Board of. 

May prescribe sanitary regulations for 
reservoirs 220 


Sec. 

Health, Department of. 

Acquisition of buildings for temporary 

hospitals during epidemic ...Subd. 4 159 

Adulteration, enforcement of laws re. v . 158 

Alteration of sanitary code Subd. 9 159 

Bills of health to masters of vessels, 

Subd. 1 159 

Buildings, repair of, by health depart- 
ment Subd. 12 158 

Vacation of 15S 

Bureaus. 

General administration 160 

Post-mortem examinations 160 

Records 160 

Sanitation 160 

Chief medical examiner. 

General duty, charge of medical ex- 
aminations and autopsies 168 

Described in 169 

Power to appoint and remove medical 
examiners in the several boroughs 
with approval of president of board 

of health 16S 

City magistrate. 

When to authorize an autopsy 170 

When to hold an inquest 171 

Contagious diseases. 

Patients suffering with, transferred 

to charities, etc 163 

Private treatment of, without permit, 

prohibited 163 

Coroner, office of. abolished Subd. 1 166 

Declaration of peril by board and mayor 164 

Delegation, to department of charities 

and board of trustees of Bellevue and 
Allied Hospitals, of duty to provide 
care for persons suffering with con- 
tagious diseases 163 

Destruction of adulterated food 165 

Destruction of diseased animals 165 

Destruction of putrid cargoes by health 

department Subd. 11 158 

Disease, ascertainment of existence and 

cause of 158 

Disease, co-operation of health authori- 
ties to prevent spread of Subd. 10 158 

Duties enumerated 158 

Excessive expenditures to have written 
consent of two members of the board 

and approval of the mayor 164 

Exclusive control of the medical exami- 
nations of autopsies upon coroners’ 

cases 167 

Expenditures in excess of appropriation. 

how met Subd. 5 96 

Extraordinary powers in case of pesti- 
lence.. 164 

Food, enforcement of laws re adulterated 158 
Health, board, head of health depart- 
ment 51 

Health officer of port, powers unaffected 

by this act 157 

Hospitals. 

Acquisition of buildings for tempo- 
rary hospitals during epidemic 

Subd. 4 159 

For treatment of contagious, etc., 
diseases, under control of health 

department 163 

Life, enforcement of laws re preserva- 
tion of 158 

Lodging houses, defined 172 

Inspection and regulation of- re light, 
ventilation and sanitation — Subd. 7 159 

Jurisdiction 157 

Markets, public. 

Regulation of, by health department. 

Subd. 12 158 

Medical examiners 168 

Duties 169 

Qualifications of 168 

Nuisances detrimental to health, etc., 

abatement by health department 158 

Payment of expenditures for prevention 
of danger from contagious diseases 

Subd. 5 96 

Permit necessary to other institutional 
care for patients with contagious dis- 
eases 163 

Pestilence. 

Excessive expenditures to have writ- 
ten consent of two members of the 
board and approval of the mayor.. 164 

Extraordinary power in case of 164 

Measures taken to be approved by 

mayor in writing 164 

Powers, enumerated 150 

Powers re tenements not impaired by this 

act Subd. 2 243 

Prevention of access to infected districts 

of the city — Subd. 11 159 

Provision of proper places for treatment 

of contagious diseases Subds. 2, 3 159 

Quarantine commissioner, powers of, un- 
affected by charter 157 

Regulation re publicity of vital statistics. 

Subd. 6 159 

Removal of infected vessels. Subd. 8 159 

Removal of persons sick with contagious 

diseases Subd. 2 159 

Requisition of prescribed vital statistics 

from public institutions — Subd. 10 159 

Sale of improper articles in public 

markets, regulated by Subd. 12 15S 

Sanitary code, continued in force 161 

Alteration of Subd. 9 159 

Special care and attention of sick per- 
sons 159 

Vacation of unsanitary buildings 158 

Vital statistics 158 

Communication of, to state or munici- 
pal health authorities 15S 

Compilation of Subd. 9 158 

Water supply, sanitary supervision and 
protection of 158 


Health Officer of Port. See “Health 

Department. *' 

highways* Public. See “Bridge De- 
partment.” 

Hospital*. See “Health, Department 
of.” 


Sec. 


I 


Improvement*, Permanent. 

Corporation stock issued to pay cost of, 

Subd. 1 86-5 

Indebtedness, City. 

Statement of. 

Amount standing to credit of trust 

account on city books Subd. 7 72 

Assessed valuation of city real estate 
subject to taxation, statement to be 

annexed 72 

Assessment bonds outstanding In- 
cluded in statement Subd. 1 72 

Claims against city in course of set- 
tlement not payable out of revenue 
or special revenue bonds — Subd. 3 72 

Cost of acquiring title to real estate 
in course of condemnation. .Subd. 4 72 

Determination of the amount to be 
inserted in such statements. .Subd. 7 72 

Estimated expenditure under contracts 
signed by heads of departments, 

etc.. Subd. 6 72 

Published quarterly by board of es- 
timate 72 

Revenue bonds outstanding issued for 
unpaid taxes for prior years. Subd. 2 72 

Sum to be deducted from assessed 
valuation of real estate subject to 
taxation on last preceding assess- . 

ment rolls Subd. 7 72 

Unpaid awards in condemnation pro- • 

ceedings Subd. 5 72 

What moneys not to be included, 

Subd. 7 72 

Taxation for payment of debts to ex- 
tend equally throughout city. Subd. 3 4 

Limitation of this provision. 

Subd. 3 4 

Inferior Local Courts 286-291 

Changes in places of holding court, 

Subd. 11 64 

Civil courts 286-287 

“City,” meaning of. in Code of Civil 

Procedure 286 

Justices «.... 286 

Election 286 

Number 286 

Salary 286 

Term 286 

Marshals, city continued in office 287 

Municipal court. 

Continuation of court, its justices and 

all city marshalls 287 

Justices. 

Additional salary’ for Queens and 
Richmond justices sitting in 
Manhattan, The Bronx or 

Brooklyn 287 

Salary 287 

Successors -$7 

Term of 287 

Criminal courts. 

City magistrates’ courts. 

Continuation of in each division of 

the city 289 

City magistrates continued in office.. 2S9 

Appointment of 48 

Number of magistrates 290 

Salary Subd. 2 291 

Term Subd. 3 291 

Vacancy 48 

General sessions. 

Changes in place of holding court. 

Subd. 11 64 

Where held, determined by board 

of estimate Subd. 11 64 

Jurisdiction, inferior criminal. 

Division 1: Manhattan and The 

Bronx 288 

Division 2: Brooklyn, Queens and 

Richmond 288 

Special sessions: 

Appointment of justices 48 

Court of. continued 2S9 

Justices of. continued in office 289 

Number of justices in first di- 
vision 290 

Number of justices in second di- 
vision 290 

Salary of justices Subd. 1 291 

Team of justices Subd. 3 291 

Vacancy in office of 4$ 

Inquest. See “Health, Department of.” 

Inquiry. 

Commissioner of 48 

Appointment of 4S 

Powers: 

To administer oaths 50 

To appoint two deputies 50 

To appoint subordinates 50 

To constitute with deputies and 
subordinates bureau of examina- 
tion in mayor’s office 50 

To investigate city departments.. 50 
To investigate manner of conduct- 
ing the public business 50 

To subpoena witnesses 50 

Deputy commissioner of. 

Power to subpoena witnesses and ad- 
minister oaths 50 

Institution. 

Defined 254 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


51 


J 

Sec. 

Jails, Common. 

Designation of buildings for use as. by 

board of estimate Subd. 11 C4 

Justices. See “Inferior Local Courts.” 

Juvenile Delinquent*!. 

Budget provides for Subd. 13 62 


L 

Land Office. 

Commissioners of. 

Acts of. subject to judicial review... 10 

Grants to city 3 

Grants to riparian proprietors 10 

Lands l inler Water. 

Future grants of 10 

Grams of, confirmed 9 

Law Department. See also “Corpora- 
tion Counsel.” 

Bureaus, under assistant corporation counsel. 

Street openings 13V 

.Recovery of penalties 127 

Collection of arrears of personal 

taxes IS* 

Branch office in borough of Brooklyn.... 138 
Corporation Counsel. 

Counsel to every city officer and board 132 

General duties 132, 133 

To appear in actions against city 

officers 136 

Head of law department * 51 

City officers and employees not to employ 

private counsel 129 

First assistant corporation counsel. 

Duties of i 135 


When to act as corporation counsel.. 1?5 
Litigation, city has general powers of, 

Subd. 4 2 

Powers. 

To settle actions or confess judg- 


ments under 31,000.44 134 

To appoint assistants 136 

Prohibitions upon 136 

Libraries. 

Branch libraries Subd. 10 62 

Maintenance and expenses of provided 

for in budget Subd. 10 62 

Traveling libraries Subd. 10 62 


Licenses. 

Water commissioner to obtain irrevoc- 
able license for right of entry on water 
lands to lay and care for pipes, etc. 

Subd. 4 216 

Life. 

Enforcement of laws re preservation of.. 158 


Local Boards. 


Acquisition of title to land for parks, 

streets, sewers, etc 

Assessment for local improvement on 

property benefited 

Board of estimate's authorization, when 

unnecessary 

Board of local improvements 

Composition 

Jurisdiction 271, 

Known as the “local board" 

Powers 273,274 

When to consist of representatives 
from more than one local improve- 
ment district 

Borough, each a local Improvement dis- 
trict 

Borough president, chairman of local 

board 

Bridges, construction of 

Complaints to be heard by local board.. 

Cost of improvement 

Councilmen members of local boards.... 

Crosswalks 

Digging clown lots 

Disorderly houses 

District of local improvement 

Expenses of local improvements to be a 
lien on property benefited, and what 

proportion 

Fencing vacant lots 

Filling sunken lots 

Five thousand dollars limit of costs of 
improvement initiated without authori- 
zation of board of estimate 

Gambling houses 

Initiation of local improvements 

Lamps 

Lien on property benefited 

Nuisances in streets 

Poor, the condition of, hearing on before 

local board 

Saloons 

Sewers, construction of 

Sidewalks, Improvement of 

Signs, street 

Streets, improvement of 

Tunnels, construction of 


273 

273 

273 

271 

271 

272 
271 
275 


.272 

271 

271 

273 

275 

273 

273 

273 

273 

275 

271 


274 

273 


273 

275 

273 

27 a 

274 

275 

275 

275 

273 

278 

273 

273 

273 


Local Improvement*. Assessment* 
for. See “Assessments for Local Im- 
provements." 

Determination by board of estimate of 
proportion of cost assessed on prop- 
erty deemed benefited, declared final. 71 
Proportion of cost paid by city to be 

determined by board of estimate 71 

Sums for, provided for in budget. 

Subd. 22 62 

Local School Boards. 

Alterations of school board districts to 
conform with council districts.... 137 


Sec. 

Appointment, term, functions, etc., pre- 


scribed in administrative code 197 

Two members of each board to be 
women 197 


Lodging? House. See “Health, Depart- 
ment of." 

Ludlow' Street Jail. See “Correc- 
tions." 

M 


0 

Sec. 

Obligation*. See also “Bonds." 

Issue of the several classes of to be 
authorized by board of estimate. 

Subd. 1 64 

Redemption of obligations payable out 
of sinking fund and maturing during 
next calendar year made by budgetary 
appropriation Subd. 19 62 


Magistrate*, City. 

When to authorize an autopsy 170 

When to hold an inquest 171 

Map* and Plan*. 

Changes to be made by board of esti- 
mate Subd. 2 64 

Markets, Public. 

Regulation of, by health department, 

Subd. 12 158 

Sale of improper articles in public mar- 
kets, regulated by health department, 

Subd. 12 158 

Marshals, City. See “Inferior Local 
Courts." 

Mayor. 

Absence of Subd. 3 54 

Approval of resolutions relating to ex- 
penditures 56 

Veto thereof 56 

Boards, appointment of members of, 

Subd. I 48 

Bureau of examination in office of 50 

Call special meetings of council to con- 
sider budget Subd. 5 60 

Certification of budget by Subd. 1 61 

City magistrates appointed by.. Subd. 2 48 

Commissions, members of, appointed by.. 48 
Department, heads of, appointed by, 

Subd. 1 48 

Designate presiding officer of board of 

building appeal 241 

Determine scope of investigations by bu- 
reau of examination 50 

Duties of 47, 48, 49 

Election 45 

Eligibility 44 

Justices of special sessions, appointed by 

Subd. 2 48 

Member of board of estimate 52 

Presiding officer of Subd. 3 54 

Number of votes 52 

Officers appointed by 48. 49 

Qualifications 44 

Removal of 23 

Salary 44 

Term 45 

Vacancy in office of 46 

Vested with executive power of city.... 44 

Veto power of, re budget Subd. 5 60 

Written approval of contracts with pri- 
vate water companies Subd. 15 64 

Mechanics* und Traders' Ex- 
change 241 

Metropolitan Museam of Art 292 


Municipal Civil Service. 

Abolition of positions 285 

Constitutional provisions re status of 

public servants, civil service law 282 

Incumbent*' of abolished positions to be 

placed on reserved list 285 

Persons in classified service not to be 
officers of political committees or dele- 
gates to conventions Subd. 5 21 

Reinstatement, when employees entitled 

to 285 

Reserve list, what names to contain.... 285 

Salaries paid only on certificate oT civil 

service commission 284 

Status of public servants, changes in, 

when made 282 

Subordinate officers ..Subd. 1 283 

Subpoena duce tecum Subd. 3 283 

Warrants for payment of salaries, when 

to be drawn or signed 284 

Witness, power to subpoena Subd. 3 263 


Municipal Civil Service Commis- 


sion :49, 282-285 

Appointment 49 

Constitution 49 

Examination of witnesses Subd. 3 2S3 

Examiners Subd. 1 283 

Investigations re enforcement, etc., of 

civil service law in city Subd. 2 283 

Jurisdiction 49 

Powers 49, 283 

All powers conferred on a board or 
committee by code of civil pro- 
cedure 283 

Administer oaths vested in commis- 
sioners and secretary Subd. 2 283 

Secretary Subd. 1 283 


Municipal Court. See “Inferior Local 
Courts." 

N 

New York Board of Fire Under- 
writer* 241 

New York Public Library 292 

Normal College of the City of 
Yew York. 

Continued as a separate organization 
and body corporate 201 

Nuisances. 

Detrimental to health, etc., abatement 

by health department 158 

Hearing on before local board 27o 

In tenement-house, defined Subd. 2 249 


Officers and Employees. 

Contracts, not to bo interested in city.. 
Contributions to political funds, when 

prohibited 

Department expenses not to be incurred 
until after appropriations therefor.... 
Elective officers. 

Ineligibility of removed officers 

Removal 

Vacancies, manner of filling 

Expenditures, regulation of. so as not to 

exceed appropriation 

Expenses not to be incurred until after 

appropriation therefor 

Fees of city and county officers, to be 

paid to chamberlain 

Forfeiture of office 

When permanent 

Legislation, attempts to influence, when 

prohibited 

Officers to hold no other public office. 

Subds. 1, 2, 3 

When position deemed vacated, 

Subds. l, 2, 3 
Officers and employes not to employ pri- 
vate counsel 

Penalty for violation of trust 

Prohibitions in regard to 

Stockholders, not to be, in corporations 

contracting with city 

Trustee of city property' 

Vacation of office by nonfulfillment of 

residential qualifications 

Vacation of office by officers or employes. 

Ordinances. 

Amendment of 

Application, general 

Approval by' mayor 

Codification of 

Compilation of, annually 

Conditions precedent to passage 

Continuation of ordinances in force De- 
cember 31, 1909 

Modification or repeal of ordinances re- 
franchise by board of estimate and ap- 
portionment 

Passage over mayor’s veto 

Passed by majority vote 

Power of council with respect to 

Revision of 

Style of , 

When special, permitted 


18 

21 

19 

24 
23 

25 

20 
19 ' 

26 
18 
17 

21 

21 

21 

139 

17 

21 

13 

16 


22 

21 


30 

36 

37 
29 
39 
36 

28 


38 

37 

26 

34 

33 

36 

36 


Orphan Asylums. 

Budget provides for Subd. 13 62 


P 

Parks, Department of. 

American Museum of Natural History. 


contract with Subd. 1 214 

Board of Parks. 

Composition 208 

Duties, mandatory 210, 21 1 

Head of department of parks 51 

Jurisdiction 209 

Borough offices 213 

Brooklyn Institute of Arts and Sci- 
ences Subd. 3 214 

Commissioners 208 

Appointment 208 

Duties 213. 214 

Jurisdiction 208, 213 

Offices '. 213 

Powers 213 

Residence 208 

Comprehensive plan for development of 
parks and streets under control of park 
board, to be formulated by board of 

estimate 65 

Contracts re park purposes Subd. 9 213 

Curb lines of park streets Subd. 3 213 

Department of buildings in parks. Subd. 1 213 

Drinking fountains Subd. 4 213 

Employes in park department ..Subd. 7 213 
Fire apparatus building in parks.. Subd. 6 213 
Gifts, etc., of real property for park 

purposes 211 

Governmental buildings in parks.. Subd. 1 213 
Harlem river improvement. 

Park board's jurisdiction over, to 

cease 212 

Improvement of parks Subd. 2 213 

Lamps Subd. 5 213 

Landscape architect Subd. 3 210 

Lighting Subd. 5 213 

Metropolitan Museum of Art, contract 

with Subd. 1 214 

New York Botanical Garden Subd. 3 214 

New York Public Library, Astor, Lenox 

and Tilden foundations Subd. 1- 214 

New York Zoological Society . .Subds. 1, 3 214 

Police assistance Subd. 8 213 

Projections on park streets Subd. 3 213 

Rules and regulations 210 

Seats in parks and parkways Subd. 4 21# 

Secretary to board Subd. 2 210 

Speedway, control of 212 

Subordinate officers Subd. 2 210 

Surface construction of park streets 

Subd. 3 213 

Tree planting Subd. 4 213 

Works of art in parks Subd. 4 21A 


52 


REPORT OF THE NEW YORK. CITY CHARTER COMMISSION, 1909 


Sec. 

Penal Ingtitntionflft. See “Corrections." 

Penalties. 

Waste of water Subd. 7 216 

Violation of trust 17 

Pension Funds. 

Continued 104 

Pensions. 

Budget provides for pension fund. Subd. 15 62 

Detailed estimate of receipts from all 
sources of pension funds required, 

.Subd. 15 62 

Permanent Improvements. 

Corporate stock issued to pay cost 
of . Subd. 5 88 

Permit. 

Necessary to other institutional care for 

patients with contagious diseases 163 

Removal of wires and electrical con- 
ductors underground by board of esti- 
mate Subd. 18 64 

To open streets 231 

Pestilence. Sea “Health, Department 
of." 

Playgrounds. 

Established and maintained by depart- 
ment of education Subd. 7 192 

Sites • for, chosen by board of esti- 
mate Subd. 12 64 

Police Department. 

Bureaus. 

Detective bureau 145 

Branch office at headquarters in 

Brooklyn 145 

Main office at headquarters in 

Manhattan 145 

Stolen property bureau 145 

Co-operation with other departments.... 160 
Commissioner. 

Appointment 140 

Charges against, where filed 140 

Eligibility k .... k 140 

General powers, enumerated 146 

Head of police department 51 

• Member of health board 51 

Powers. 

To appoint and remove four dep- 

ties 141 

To appoint and remove a trial 

deputy 142 

Removal of 140 

Responsibility for administration of 

department 143 

Rules necessary for discipline of force 
ard the exercise of all hie powers.. 143 

Term 140 

Contingent fund 147 

Not to exceed $10,000 at any one time 147 
Original vouchers for disbursements 

for contingent expenses 147 

Requisition for, to be approved by 

mayor 147 

Deputy police commissioners. 

Duties 141 

Limitation of power 141 

Qualifications 141 

When to act as police commissioner.. 141 
Police force. 

Absence without leave 152 

Continued as existing- 144 

Criminal process, by whom served..., 148 
Duties as peace officers enumerated.. 148 

Fines 162 

Forfeitures * . . . . 152 

Members of not liable to military or 
jury duty, arrest on civil process 

or service of civil subpoenas 151 

Notice of charges to be given 153 

Penalties 152 

Penalties for failure of duty due to 

enumerated causes 15S 

Penalty for conviction of criminal 

t offense 262 

Power to arrest without warrant.... 149 

Powers as constables 149 

Resignation from, only by commis- 
sioner's permission 152 

Superintendents of police 144 

Chief executive officer < 144 

Manner of selection 144 

Suspension of members pending trial 153 
Trial rules, to be approved by ap- 
pellate division 153 

Trials, how conducted 153 

Place e? 153 

Revie\V of 154 

Removal of Insane members by commis- 
sioner 365 

Retirement, age of members on 155 

Review of determinations by trial deputy 

commissioner 154 

Trial deputy commissioner 142, 153, 154 

An attorney at law. 

Other qualifications. 

Duties. 

To examine, try and decide charges 
against members of police force. 

Police Station*. 

Assignment of for detention of prisoners 
by board of estimate ....Subd. li 64 

Poor Person. 

Defined 


Port of New York. See “Definitions.’* 
President of Council. 

Member of board of estimate and ap- 


portionment 

Number of votes 

When to act as mayor Subd. 


254 


52 

52 

54 


Sec*. 

Prisons. See ' ‘Corrections. M 
Property of City. 

Acquisition of real property needed for 
any city purpose, by lease or pur- 
chase Subd. 16 64 

Assignment to use9 other than those for 

which acquired Subd. 3 64 

Board of estimate to assign, to other 

public uses Subd. 3 64 

Boundary lines, settlement of by board 

of estimate Subd. 5 64 

Cestui que trust, every taxpayer to be a 16 

Conditions on which leases or grants 
may be made by board of estimate 

Subd. 9 64 

Disputes about boundary lines.... Subd. 5 64 

Easements, granting of Subd. 9 64 

Exchanges of real property by board of 

estimate Sudb. 4 64 

Ferries, not to be sold at auction.. Subd. 7 64 
Ferries,' parks and water front property 
not to be sold at public auction.. Subd. 7 64 

Leases of city and county property to be 

negotiated by b>ard of estimate 

Subds. 8, 9 64 

Except of parks, streets, ferries and 

water front property. ...» Subd. 8 64 

Renewals Subd. 8 64 

Rentals payable to credit of sinking 

fund for redemption of city debt 
after deduction of necessary charges 

Subd. 8 €4 

Exceptions Subd. 8 64 

Term 64 

Leases of land6 outside the city for sani- 
tary protection of water supply to be 
negotiated by board of estimate and 

apportionment Subd. 9 64 

Trustees of 16 

Protectories. 

Budget provides for .............. Subd. 13 62 

Public Health Law. 

Enforcement in city 158 

Public Service Commission. 

Budget provides for expense of adminis- 
tration Subd. 11 62 

Powers and jurisdiction of, in first dis- 
trict unaffected by this act.... Subd. 5 2S4 


Quarantine Commissioner. 

Powers unaffcfcted by this act... 


157 


R 

Railroads on Bridges, Operation 

of Subd. 5 234 

Rapid Transit Act, Tunnels Built 

Pursuant to Subd. 3 234 

Real Estate Owners and Build- 
ers’ Association 241 

Reformatories. 

Budget provides for Subd. 13 62 

Removal. 

Of elective officers 23 

Renting. 

Board of estimate to rent real estate or 

buildings for city and county uses 

Subd. 10 64 

Including armories, drill rooms, etc.. 

Subd. 10 64 

Reservoirs. 

Subject to sanitary regulations of state 
board of health 220 

Riker’s Island. See “Corrections." 

Riparian Proprietors. 

Rights of lo 


S 

Salaries. 

Additional compensation beyond com- 
pensation fixed in budget forbid- 
den Subd. 4 

Appointive officers or employes (other 
than day laborers whose positions are 
not abolished by this act), salaries 

continued Subd. 2 

City court judges, provision in 

budget Subd. 7 

City magistrates, provision in budget, 

Subd. 7 

City officers and employees, provision in 

budget Subd. 1 

County judges, provision in budget. Subd. 6 
County officers and employees, provision 

In budget Buhl I 

Extra compensation not to be grant- 
ed Subd. 3 

Increases during budgetary year forbid- 
den Subd. 4 

Judges of general sessions, provision in 

budget, Subd. 6 

Justices of supreme court, provision In 

budget Subd. 6 

From other than first and second 
judicial districts holding court with- 
in city Subd. 5 

Municipal court justices, provision in 

budget Subd. 7 

Salaries fixed by board of estimate, 

Subd. 1 


59 


59 

62 

62 

62 

62 

62 

59 

59 


62 


62 


62 


62 


59 


S+c. 

Special sessions judges, provision in 

budget Subd. 7 62 

Surrogates, provision in budget. .Subd. 6 62 

Uniformity in salaries for like positions 
required throughout each borough, but 
not throughout city Subd. 5 59 

Sanitary Code. See “Health Depart- 
ment.” 

Sewage Disposal Work*. 

Power to construct and operate 232 

Collection of cost, how prescribed 232 

Cost of maintaining 232 

Sewers. 

Acquisition of title to land for 273 

.School Farms. 

Sites for, chosen by board of esti- 
mate Subd. 12 64 

Seal. 

Common seal Subd. 3 2 

Departments to use common seal with 

department title inserted H 

Judicial notice to be taken of city seals.. 14 

Signs. 

Designating names of streets 273 

Sinking Fnnds. 

Aocounts of several sinking funds to be 

kept separate 74 

Administered as independent trusts 74 

“Board," to mean board of estimate and 
apportionment, acting as commissioners 

of the sinking fund 7** 

Duties 74 

Board of commissioners of sinking fund, 

as heretofore constituted, abolished 74 

Board of estimate and p^^ortionment 
vested with powers and duties hereto- 
fore devolved upon board of commis- 
sioners of sinking fund 74 

Bonds and stocks secured by sinking 
fund for redemption of city debt, a 

preferred charge thereon 69 

City debt. 

How determl- * ^ 

Payment of principal of 76 

Quarterly statement of debt limit 

published by board of estimate 72 

Redemption of 76 

Refunding and retirement of. 

Subd. 5 (6) 86 

Commissioners of sinking fund, power to 
apply revenues of sinking fund for re- 
demption of city debt 80 

Consolidated stock a lien on sinking fund 

for redemption of city debt 31 

Deficiency in revenues of any sinking 
fund for payment of interest on stock 
redeemable therefrom to be included in 

budget 62 

Enumeration of funds - 7o 

Payment of Interest Subd. 2 ^5 

Payment of principal of city debt 78 

Redemption of the city debt — Subd. 1 75 

Redemption of the city debt of the 

city of Brooklyn Subd. 4 75 

Redemption of the corporate stock of 
the city of New York other than for 

water purposes Subd. 9 73 

Redemption of fire bonds of Long 

Island City Subd. 8 75 

Redemption of revenue bonds of Long 

Island City Subd. 6 75 

Redemption of water bonds of Long 

Island City Subd. 7 75 

Special sinking funds hereafter 
created for redemption of corporate 

9tock for rapid transit Subd. 12 73 

Special sinking fund heretofore 
created for redemption of corporate 

stock for rapid transit Subd. 11 75 

Water sinking fund of the city of 

New York Subd. 10 75 

Water sinking fund of the city of 

Brooklyn Subd. 5 75 

Redemption of city obligations, except 
revenue bonds, special revenue bonds, 

and assessment bonds 33 

Redemption of city debt, sinking fund 
for. 

Preferred charge thereon so 

Consolidated stock, bonded debt due 
and not exchanged for or redeemed 
from proceeds of, may be paid out 

of 31 

Security for payment of corporate bonds 
and stock not to be lessened or im- 
paired 30 

Sinking Fund of The City of New York. 

Purpose of • . 76 

Sources of 77. 78 

Sinking fund for the payment of interest 78 

Payments of interest from, what un- 
authorized 78 

When to be transferred to sinking 
fund for the redemption of the city 

debt 78 

Sinking funds in general. 

Contract declared between city and its 

creditors 79 

Exemption of places of public wor- 
ship from taxation Subd. 2 79 

General fund to receive revenues not 
otherwise specifically appropriated, 

Subd. 2 79 

Except proceeds of insurance poli- 
cies applied to repair or recon- 
struction of property damaged 
and covered by such insur- 
ance Subd. 2 73 

Reductions not to be made in rates 
affecting sources of revenue of any 
sinking fund Subd. 2 79 


REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 


S3 


Sec. 

Revenues of corporations consoli- 
dated with New York City to be 
applied only to purposes of the 
several sinking funds T9 

Society of Architectural Iron 
Manufacturers 241 

Special ScnmIoiin. See “Criminal 
Courts." 

State Board of Health. 

May prescribe sanitary regulations for 
reservoirs 220 

State Taxes. 

Quota imposed on city and counties 
therein, budget provides for Subd. 14 62 

State Water Supply Commission. 

Powers and jurisdiction of, unaffected 
by this act 221 

Statistics, Vital. 

Communication of, to state or municipal 

health authorities Subd. 8 158 

Compilation of Subd. 9 158 

Requisition of prescribed vital statistics 
from public institutions Subd. 10 159 

Stock., Corporate. See “Bonds.” 

Street Control, Department of.. 224-233 
Assessments on property benefited for 
cost of conducting sewage disposal 

works .' 232 

Bridges crossing navigable streams. 

Subd. 19 224 
Subd. 2* 234 

Bureas. 

Street cleaning Subd. 1 228 

Gas and electricity Subd. 4 228 

Highways Subd. 2 228 

Incumbrances Subd. 6 228 

Public buildings Subd. 5 228 

Sewers Subd. 3 228 

Chiefs of. 

Gas and electricity bureau ..Subd. 4 22S 

Highway bureau Subd. 2 228 

Incumbrances bureau Subd. 6 22S 

Sewers bureau Subd. 3 228 

Street cleaning bureau Subd. 1 228 

Cleaning streets under park and dock 
departments, and removing snow, 

ashes, etc., therefrom 225 

Commissioner of. 

Jurisdiction Subd. 1-19 224 

Exceptions 225 

Water front property under 
control of dock department.. 225 
Streets under control of park 

department 225 

Prohibitions upon powers 226 

Not to permit opening of streets 

except by certain persons 2‘26 

Contract for disposition of garbage, 

etc 231 

Custodian of public buildings — Subd. 5 228 
Department of street cleaning abolished. 227 
Employees exempt from military and 

jury duty 229 

Exemption of street cleaning employees 

from military and jury duty 229 

Members of street cleaning department 
transferred to department of street 

control *-« 

Pavements not to be disturbed without 

permission from commissioner — , 231 

Permits to open streets, to be granted by 

commissioner - a l 

Sewage disposal works. 

Collection of cost, how prescribed.. 232 

Cost of maintaining 232 

Power to construct and operate 232 

Street*. 

Board of estimate to formulate compre- 
hensive plan for improvement of streets 
and parks under control of park board. 65 
Changes In, to be made by board of esti- 
mate Subd. 2 64 

Improvement of 273 

Street improvement fund, what to con- 
sist of 95 

Street improvement fund assessment 
bonds Subd. 2 92 


*• — •> . Sec. 

Payable from street improvement 

fund Subd. 5 95 

Proceeds of sale of. payable into 

street .improvement .fund Subd. 1 95 

Street and park opening assessment 

bonds Subd. 1 92 

Issued by comptroller on authoriza- 
tion of board of estimate to pay 
fees and expenses in awards of 

damages , Subd. 2 94 

Payable when due from fund for 
street and park openings or by cor- 
porate stock Subd. 1 94 

Proceeds payable into fund for street 

and park openings Subd. 3 93 

Supplies. 


Standard of supplies used by any depart- 
ment, etc., prescribed by board of esti- 
mate 68 


Taxes. 

Assessed valuations of bank stock 1.6 

Budget provides for quota of state taxes 
imposed on cities and counties therein. 

Subd. 14 62 

Taxes deemed uncollectible when un- 
provided for in prior tax levies or 
by issue of corporate stock.. Subd. 16 62 

Duties of council re levy of 41 

Interest, w'hen to run 129 

Taxation for payment of debts to ex- 
tend equally throughout city.. Subd. 3 4 

Limitation of this provision Subd. 3 4 

Tax roll. 

Authentication of 127 

Clear • copy of corrected assessment 

roll 127 

Delivery to receiver of taxes and rev- 
enues 127 

Warrant for collection of taxes...... 127 

Taxable status, when fixed 328. 

When due 129 

When a lien 129 

Tax Department, 

Board of taxation 5i 

Composition 115 

Qualifications of members 115 

Certification to council of assessed 

valuations 126 

Deputy tax commissioners 116 

.Appointment of 116 

Apportionment of 116 

Qualifications for 116 

Duties 117, 126. 127 

Powers 118, 324. 123 

Taxpayers’ Actions. 

Appellate Division in first or second de- 
partment may renew proceedings re 
water contracts on application of resi- 
dent taxpayers Subd. 16 64 

Tenement-House Act. 

Enforcement within the city 243 

Manner of serving order to abate nui- 
sance 248 

Manner of serving order to vacate — 247 

Violations of Subd. 2 245 

Tenement- Houses. 

Construction, inspection during course of. 

Subd. 2 245 

Defective houses 247 

Defined Subd. 1 249 

Equipment with fire-escapes Subd. 3 243 

Infected houses 247 

Inspection of Subd. 2 243 

Subd. 2 215 

Light and ventilation of Subd. 3 243 

Obstruction of fire-escapes Subd. 3 243 

Order to abate nuisances ‘-IS 

Order to vacate — 217 

Plans Subff. 1 215 

Regulations, re filing of Subd. 5 244 

Fire protection Subd. 1 245 

Light, sanitary ventilation and equip 

ment Subd. 1 245 

Powers of health department re tene- 
ments not impaired by this act.„ 211 

Vacation of 9 47 

W’hen a nuisance 24\ 


Sec. 

To n e in e n t- Ho use Department, 

Branches in boroughs 46 

Bureaus, duties of Subds. 1-3 2L 

May be authorized by the board of esti- 
mate and apportionment 245 

Bureaus, auditional. 

Inspection Subd. 2 245 

Plans Subd. 1 245 

Records Suud. 3 24, 

Commissioner, head of department:; 51 

Jurisdiction Subd. 3 *'43 

Duties Subds. 1-5 2 h,> 

Compilation of facts re conditions of 

tenement dwellers Subd. 4 214 

Complaint book, open to public. .Subd. 2 214 

Discipline of employees Subd. 1 244 

Investigation c-t complaints Subd. 4 2i4 

Nuisance defined Subd. 2 249 

Order to abate nuisance 24S 

Execution of 

Manner of service 248 

Time of service 248 

Order to vacate unsanitary or dangerous 

tenement-houses ..... ?47 

Extension v»f time for compliance 247 

How served 217 

Powers re tenements not impaired by 

this act Subd. 2 2*3 

Rules and regulations as to filing plans. 

amendments and applications. . .Subd. 5 244 
Statistics re conditions of tenement dwel- 
lers Subd. 4 214 

Unirorms, badges. etc., of inspec- 
tors H.Subi. 2 244 

Toll*. See “Bridge Department’*. Subd. 4 234 
runnels. See “Bridge Department.” 

Built under Rapid Transit Act Subd. 3 221 

Construction and maintenance ...Subd. 19 234 

Subd. 3 234 

Management, repair and alteration of. 

Subd. 3 234 

When initiated by local boards 273 

Trustee*. See “Property of City.” 

U 

Uncollectible Taxes. See “Taxes.” 

subd. 16 62 

Undertakings. 

Approved by board of estimate 69 

Filed with city clerk t-9 

May be required by board of estimate 
of all officers and employees G9 

V 

Vagrant*. See “Charities.” 

Vessels. 

Bills of health to master '. Subd. 1 159 

Removal of infected Subd. S 159 

Voters. 

Registration, expense of. provided for in 

Budget Subd. 3 62 

Registry, expense of compilation and 
publication of. provided for in bud- 
get Subd. 3 62 

W 

Water. 

Grants of lands under, confirmed 9 

Future grants of land under 10 

Wuter Supply. 

Approval of board of estimate and ap- 
portionment. when necessary Subd. 3 218 

Contracts with private water companies. 

Subd. 15 64 

Manner and form of Subd. 15 

Proceedings re. renewable by Appelate 
Division on resident taxpayer’s appli- 
cation Subd. 15 64 

Extinguishment of water rights of per- 
sons in lands needed for sanitary pro- 
tection on water supply Subd. 13 M 

Meters for water, where placed, deter- 
mined by board of estimate Subd. 16 °A 


HARRIS & WELLENKAMP 

Successors to 

S. 0. BURNETT 

Builders’ Hardware, Mechanics’ Tools 

288 Fulton Street, Brooklyn 



Tel. 350 Main 


I 


54 REPORT OF THE NEW YORK CITY CHARTER COMMISSION, 1909 

Sec. 


Sec. 

New works Subd. 3 218 

Penalties for waste of water. — Subd. 7 216 

Preservation of sources of Subd. 1 218 

Reservoirs, protection of Subd. 13 64 

Right of entry on water or land contig- 
uous to department lands or conduits. 

Subd. 6 216 

Rights to erect water works and main- 
tain them on lands of others, to be ac- 
quired by board of estimate Subd. 13 64 

Sanitary protection of. 

Board of estimate may lease lands or 
interests in lands acquired for. Subd. 9 €4 

Such grants or leases to be for purposes 

consistent with Subd. 9 64 

Sources of. to be selected and acquired 

by board of estimate Subd. 13 64 

Surveys, right of entry on lands for pur- 
poses of Subd. 6 216 

Municipalities, contracts with other. 

Subd. 3 ?1S 

Use of soil under streets of state for in- 
troduction of water Subd. 5 2i6 

Water Supply, Board of. 

Budget provides for expense of admin- 
istration Subd. 11 62 

Powers, unaffected by this act 223 

Water .Supply, Department of. 

Aqueduct commissioner, office of, abolished • 222 
Board of estimate and apportionment’s 
approval of construction of new works. 

etc Subd. 3 218 

Subd. 7 216 

Board of estimate and apportionment 
may prescribe manner of collecting cost 
of conducting sewage disposal works... 232 
Cost of conducting sewage disposal plant, 

how collected 232 

Commissioner, duties and powers 215 

Duties. 

Constructing new works Subd. 3 213 

r- f 


Sec. 

Laving mains, etc Subd. 3 218 

Preserving sources of water supply.... 

Subd. 1 218 

Preserving water supply plants and 

property Subd. 2 218 

Jurisdiction. 

Maintaining quality and quantity of 

water Subd. 2 215 

Regulating use of water Subd. 3 215 

Structures and property for supply of 

water Subd. 1 215 

Consulting commissioner. 

Constructing sewers and drains, in- 
clusive of power to maintain sewage 

disposal plant 232 

Controversy re rates, settlement of. 

Subd. 2 216 

Employment of consulting engineer 233 
Examining sources of water supply. 

Subd. 1 216 

Has all powers of commissioner of 
water supply, gas and electricity 

concerning water 223 

Exceptions 223 

Limitation upon possible reductions 

by commissioner Subd. 2 216 

Municipalities, contracts with other, 

Subd. 3 216 

Powers enumerated Subds. 5. 6. 7 216 

Regulating private companies’ supply 

of water Subds. 1, 2 216 

Regulating rates and charges made 

therefor ..... Subd. 2 216 

Surveys, right of entry on lands for 

purposes of Subd. 6 216 

Vested with powers, etc., of 
aqueduct commissioners 222 

Qualifications 233 

To be expert in matters re sewers 

and highways 233 

. Contracts: 

Agreement with owners of water lands 
re permission to enter Subd. 4 216 


Approval by board of estimate and 

apportionment Subd. 7 216 

With municipal corporations or 
boards, for water supply. .Subd. 3 216 
With private companies supplying 

water Subd. 15, 64 217 

Engineers appointed by street commis- 
sioner 233 

Qualifications 233 

New works Subd. 3 218 

Penalties for waste of water.. Subd. 7 216 
Powers of department of water supply, 
gas and electricity re water supply 

continued in water commissioner 223 

Unaffected by this act 223 

Private water companies. 

Power of commissioner to contract 

with Subd. 15. 64 217 

Rates, how determined Subd. 2 216 

Subject to approval of the board 

of estimate Subd. 7 216 

Supervision of purity and quantity. 

Subd. 1 216 

Records of aqueduct commissioners to 
be delivered to water commissioner..., 222 
..Reservoirs subject to sanitary regula- 
tions of state board of health 220 

Responsibility of. described 219 

Sanitary supervision and protection of, 

by health department log 

State commissioner, powers and jurisdic- 
tion of. unaffected by this act 221 

Supervision of purity and quantity by 

commissioner Subd. 1 2i6 

Water commissioner head of department 

of water supply H 

To obtain irrevocable license for right 
of entry on water lands to lay and 

and care for pipes, etc Subd. 4 216 

W’ater works, preservation of.. Subd. 2 218 
Women. 

Appointment to local school boards by 
board of education, mandatory 197 



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